New York opens window for adults to sue for sexual assault

New York will temporarily set aside its time limit for adults who were sexually assaulted to bring lawsuits under a law signed Tuesday — a measure similar to one for child victims that sparked a surge of court actions. The Adult Survivors Act signed by Gov. Kathy Hochul will open a one-year “window” for claims that would otherwise be barred by the state’s usual statute of limitations for lawsuits. The window will open in six months. Jennifer Freeman, of the Marsh Law Firm, said it’s possible some adults might be hesitant to move forward in court knowing ...

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Lying to Minors During Interrogations Should Be Illegal

New York Law Journal logo
Rule 603 (Oath or Affirmation to Testify Truthfully) of the Federal Rules of Evidence is unambiguous: “Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience.” The U.S. Supreme Court has ruled that similar language does not apply to police officers when they are interrogating a suspect. Frazier v. Cupp, 394 U.S. 731 (1969). Nonetheless, a small number of states have banned police from lying or being deceptive when interrogating minors. New York should ...

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‘A Theoretical Impossibility’: As Attorneys Are Flooded With Plaintiffs Under Child Victims Act, a Legislative Push May Help

New York Law Journal logo
A partner in a New York City law firm suggests “it’s become a theoretical impossibility” to serve all the thousands of purported victims who are in need of legal representation for age-old allegations of sex abuse, after a 2019 reform measure extended the statute of limitation on cases. Attorney James Marsh, a partner with Marsh Law, said he figured to get about 100 clients who would file claims under the Child Victims Act of 2019, which allows the statute of limitations to begin running when a child turns 23 in a criminal case, and for civil suits to be ...

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‘Nevermind’ Baby Is Still Suing Nirvana

Rolling Stone Magazine
The man pictured as the naked baby on Nirvana’s Nevermind album cover has revived his “child pornography” lawsuit against the band after it was dismissed by a federal judge in California last week. Spencer Elden filed his second amended complaint late Wednesday, meeting a deadline set by Judge Fernando M. Olguin to reinstate the claims. The judge previously tossed the case Jan. 3 on the grounds Elden had failed to respond to a motion to dismiss filed by Nirvana and the other defendants last month. In his new filing, Elden, now 30, drops his claim related to ...

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Tears, Vindication and Relief: Maxwell Accusers React to Verdict

Bloomberg Equality
More than two years after the death of Jeffrey Epstein, his victims -- many of whom say they were children when they were abused by the disgraced financier -- have finally won through the conviction of his ex-girlfriend and accomplice Ghislaine Maxwell. Over the past month, Epstein and Maxwell accusers have watched the trial from inside the courtroom and read about it from afar. Some have expressed anxiousness about what the 12-person jury would make of the four women who took the stand to recount their abuse, and of the efforts made by the defense to ...

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Nirvana Attorneys Seek Dismissal of ‘Nevermind’ ‘Child Porn’ Lawsuit, Calling It Too Late and Too ‘Absurd’

Attorneys for the members of Nirvana have asked a judge to dismiss a lawsuit filed in August by the man who was the “naked baby” on the cover of the 1991 “Nevermind” album, on the basis that the legal arguments that the image constitutes child pornography are decades too late as well as too silly. Elden’s lawyers at Marsh Law issued a response to Variety, writing in part: “In 1991, Nirvana exploited Spencer’s inability to consent as an infant, and today, the band and Universal Music Group (UMG) continue to prioritize profits over our client Spencer ...

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Nirvana’s Lawyers Call ‘Nevermind’ Baby’s Lawsuit Meritless

Rolling Stone Magazine
Nirvana’s legal team has finally responded to the lawsuit filed by the Nevermind baby this past summer, writing in a response filed Wednesday that Spencer Elden’s child pornography claims are both meritless and well past the statute of limitations. Elden’s lawyers at Marsh Law told Rolling Stone Thursday in a statement, “In 1991, Nirvana exploited Spencer’s inability to consent as an infant, and today, the band and Universal Music Group (UMG) continue to prioritize profits over our client Spencer Elden’s right to consent, ...

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Lawyers Question Why Maxwell Jury Only Heard From Four Accusers

Bloomberg Equality
More than a hundred women have said they were abused by Jeffrey Epstein, but only four of them were called by prosecutors to testify in the sex-trafficking trial of Ghislaine Maxwell, his alleged right-hand woman. It’s a decision that lawyers who have represented some of those other women question. The jury began deliberations in the case on Monday and broke for the holidays Wednesday without reaching a verdict. They will reconvene on Dec. 27.  Robert Lewis, who represents Sarah Ransome, an Epstein victim who has attended the trial but is not testifying, ...

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Former paperboys await justice after suing Gannett for allowing sexual abuse four decades ago

“Despite the fact that Defendants knew or should have known that Plaintiffs were in danger of being sexually abused by their employees, including Lazeroff and the Unnamed Employee, the Defendant failed to take reasonable steps to protect them from that danger,” states one of the complaints filed by the Marsh Law Firm, which represents eight former D&C paperboys. “The Defendant negligently hired Lazeroff and the Unnamed Employee then failed to properly supervise them. The Defendant permitted Lazeroff and the Unnamed Employee unfettered and unsupervised access to ...

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Interviewing and Deposing Survivors of Sexual Crimes Who Have Intellectual Disabilities

New York Law Journal logo
Individuals with intellectual disabilities (ID) are the most likely victims of sexual assault. To be effective advocates, attorneys must be properly trained to interview and depose this survivor population. Even before a sexual assault becomes a “case”, many reporting hurdles face these survivors: Even if these survivors are capable of making a report, their credibility may be questioned simply because of their disability.If the survivor is living exclusively with a community caregiver who may also be the perpetrator, there may be limited opportunities ...

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