The New York state Adult Survivors Act (ASA) expired last week, but not before some of the most powerful men in the worlds of entertainment and politics found themselves cited in various sex abuse lawsuits. Jamie Foxx, Diddy, Steven Tyler, Russell Brand, Cuba Gooding Jr., Axl Rose, Bill Cosby, Terry Richardson and Jimmy Iovine are among the notable names accused of misconduct in cases that were allegedly decades-old. The ASA allowed alleged sexual abuse survivors in the state a “one-year look back window” to file civil claims regardless of any standing statute of limitations.
Foxx was sued for sexual assault, just one day ahead of the deadline. He’s denied the allegations. Tyler is accused of forcibly kissing a minor in the 1970s. Brand — who faces a flurry of sexual assault allegations in the U.K. — was sued for allegedly assaulting a film extra on the New York City set of the 2011 romantic comedy Arthur. (He previously claimed all his relationships have been consensual.) Sean “Diddy” Combs, who settled an explosive federal lawsuit with ex-girlfriend Cassie after she accused him of rape, abuse and sex trafficking, was sued by two other women under the law.
So, what happens next?
Earlier this year, writer E. Jean Carroll was awarded $5 million in damages after she sued former President Donald Trump for battery and defamation under the ASA. Some of the famous aforementioned men may face a similar road ahead in court.
“Filing the lawsuit takes courage, but that’s just the beginning,” explains attorney Judie Saunders, a former New York City prosecutor who now leads the sex abuse and trafficking department at the law firm ASK. “A lot of times, you’ll see critics saying, ‘Well, you know, this is a money grab, the victim’s looking for payout.’ But no. What’s next is a long, arduous, very scary road.”
‘A long process’
Cynthia Augello, a partner with the New York City-based Warren Law Group, breaks down the next legal steps.
“Once a lawsuit is filed and served, the defendant has approximately one month to respond to the complaint, barring extensions of time to respond. At that point, the defendant can choose to answer the complaint by filing an answer, or they can move to dismiss the complaint arguing that the plaintiff has not stated a cause of action under the law,” she explains.
In many cases, especially high-profile ones, defendants will attempt to have the case dismissed.
“In a motion to dismiss situation, some courts will stay discovery until such a motion is decided, which could take six months to a year. If the defendant answers the complaint, the discovery process will commence and these cases are typically fast-tracked so the case could be trial-ready within one year of filing the complaint,” Augello continues. “During the discovery process, the parties will serve each other with physical and paper evidence and conduct depositions of relevant witnesses: the accuser, the accused and anyone who may have knowledge. Typically in these cases, after discovery is complete, one or both parties may elect to move for summary judgment, indicating that there is enough evidence on one side or the other to determine liability without a trial. If the motion is denied, a trial will commence.”
The whole process can take months or years, and as Saunders says, the discovery phase “scares off many litigants.”
“Because now you’re going to have to talk about what happened to you in detail. You’re going to have your entire world opened up for examination,” she says. For example, if the accuser is seeing a therapist, “those records have to be turned over.”
“It’s very discombobulating and very disconcerting,” Saunders says.
The lawsuits against these men are public record, but in some instances, the name of the accuser will be withheld.
‘It is likely that many cases will be resolved through settlement before trial’
Augello and Saunders agree that many cases will likely get settled.
“I think 98% of lawsuits that are filed [are] settled,” says Saunders. “So if we look on the general algorithm, or how these cases skew, there will be settlements. There will be cases that go to trial, but the majority just based on how the legal field is set up, there will be settlements.”
However, usually details of the settlements will be private — similar to that of Cassie and Diddy’s agreement.
Cassie likely inspired other women to come forward
Joi Dickerson, who consented to having her name used by the Associated Press, is one of the two women to sue Diddy in New York. She claimed she was drugged and sexually assaulted by the music mogul in 1991 when she was 19 years old, and that Diddy videotaped the encounter. A second woman claimed Diddy sexually assaulted her, and days later, beat her.
“I absolutely believe that Cassie’s lawsuit inspired others to come forward. In these types of cases, victims often feel that they will not be taken seriously or are nervous about the publicity and the legal process,” Augello explains. “Seeing someone else bring a lawsuit and successfully navigate it, typically gives others the courage to come forward. It is possible that some of these lawsuits were in the works, but given some of the last-minute filings, it is more likely that the accusers took their time to decide if filing a lawsuit was the right move for them personally.”
Saunders notes that one of the many disturbing things that stood out in Cassie’s complaint against Diddy — aside from the extent of the alleged physical abuse — is the “allegations as to different death threats to possible witnesses.”
“That, to me, really speaks volumes as to why alleged victims of Mr. Combs may have been very afraid,” she says. “So, yes, they may have felt more strength in numbers, and may have felt more brave after he did come out.”
While Diddy denies the allegations, he has temporarily stepped away from Revolt, the music-focused TV network he co-founded in 2013.
“These are fabricated claims falsely alleging misconduct from over 30 years ago and filed at the last minute. This is nothing but a money grab. Because of Mr. Combs’s fame and success, he is an easy target for anonymous accusers who lie without conscience or consequence for financial benefit,” a spokesperson for Diddy told People. “The New York Legislature surely did not intend or expect the Adult Survivors Act to be exploited by scammers. The public should be skeptical and not rush to accept these bogus allegations.”
Accusers should be prepared to explain why they waited years to come forward
Saunders knows very well the challenging road alleged victims face, and when bringing a lawsuit under the ASA, accusers will likely have to answer one question: Why did you wait so long?
“That is something that you do not run away from, you cannot run away from,” she explains. “When you are trying to relate and tell the full context of your client’s story, the one thing that you have to know is that every juror is imposing their decision making and their reasoning on your client.”
Saunders typically addresses that issue during opening statements, although it’s a “case-by-case basis.” She says there are many reasons someone may have been afraid to come forward years ago: embarrassment, humiliation or the plaintiff was afraid they “wouldn’t be believed.”
“I’ve also had instances where they did tell a trusted friend, and the friend said, ‘There’s no way you should talk about this,’” she says.
Saunders adds that in some cases, it can take years to grasp that what happened was an assault.
Does a flurry of this type of lawsuit make them less significant?
The short answer is no, says Saunders, who notes there will be law and jurisprudence built on these lawsuits. However, she admits the “public appetite” could wain.
“‘Oh, another powerful figure accused’ — maybe it doesn’t pack the punch and have the shock value, but for us, who will remain after the headlines, it will be impactful,” she says. “New law will come about because of this.”
‘A tough road ahead’
Augello says both the defendant and plaintiffs in these cases “have a tough road ahead of them.”
“The subject matter is uncomfortable for both sides, and because many of the acts alleged occurred many years ago, the evidence may not be available for either side, making it difficult to prosecute and defend,” she states. “The burden of proof is ultimately on the plaintiff, so the lack of evidence certainly impacts the plaintiff more and could ultimately make their case impossible to win.”
If you or someone you know has been sexually assaulted, help is available. RAINN’s National Sexual Assault Hotline is here for survivors 24/7 with free, anonymous help. 800.656.HOPE (4673) and online.rainn.org.
For anyone affected by abuse and needing support, call the National Domestic Violence Hotline at 1-800-799-7233, or if you’re unable to speak safely, you can log onto thehotline.org or text LOVEIS to 22522.
