The Adult Survivors Act is a powerful New York law that provides an avenue for survivors of sexual assault to get justice. One key benefit of the ASA is that it allows survivors to pursue not just those who committed the assault but also those who enabled that person. A recent high-profile case illustrates this point, as the courts have allowed an actress who was allegedly assaulted by notorious film executive Harvey Weinstein to pursue not only Weinstein but also the actress’s own talent agency and agents, who allegedly knew about Weinstein’s predatory behavior but did nothing to ward off the actress. The actress’s recent courtroom success is a reminder that the ASA has sweeping protections, and if you have questions about your rights under this law, you should reach out to an experienced New York sexual assault lawyer.
In the mid-1990s, Julia Ormond was a highly successful actor, having appeared prominently in many major films, including the Oscar-nominated Legends of the Fall. Because Ormond desired not just to act but also to produce films, she created her own production company.
In the summer of 1995, Ormond’s agents negotiated a two-year deal between the Miramax film studio and Ormond’s production company. That December, Ormond’s talent agency arranged a business dinner between the actress/producer and Harvey Weinstein, Miramax’s co-chairman.
Allegedly, Weinstein used the meeting for socializing rather than business, repeatedly putting off the subject of business when Ormond attempted to steer the conversation in that direction. Eventually, Weinstein agreed to discuss business at Ormond’s New York City apartment that Miramax had rented for her... but not before he had plied her with multiple alcoholic drinks.
At the apartment, Weinstein allegedly undressed, forced Ormond to perform a sex act on him, then left.
A month later, Ormond met Weinstein in Copenhagen and used the meeting to confront Weinstein about his inappropriate behavior, according to the lawsuit. Soon after that, Miramax terminated its contract with Ormond’s company without releasing a single film.
In the fall of 2023, Ormond filed her lawsuit. Because she sought justice under the Adult Survivors Act, her lawsuit was timely, even though the underlying events occurred more than 25 years earlier. (From November 24, 2022, to November 24, 2023, the ASA allowed plaintiffs to pursue their harassers no matter how long ago the assault happened.)
Pursuing Her Agency In Addition to Weinstein
Ormond sued Weinstein, Miramax, Disney (Miramax’s parent company), as well as her own talent agency and agents. Her negligence claims against the agency and the agents alleged that they knew about Weinstein’s proclivities toward assaulting women, particularly younger actresses, but did nothing to warn Ormond before she met with Weinstein in New York.
Those allegations were enough to satisfy a New York trial court last year. Earlier this month, the Appellate Division upheld that ruling. The appeals court reinforced that the actress’s assertions sufficiently laid out the existence of a special relationship between her talent agency and herself. (That relationship was crucial because its existence was what imposed on the agency a legal duty of care toward Ormond, which the agency violated when it failed to warn the actress about Weinstein’s notorious sexually assaultive reputation before negotiating a deal with Miramax and setting up a one-on-one meeting between Weinstein and Ormond.)
The details in Ormond’s complaint were, in the eyes of the court, also enough to raise a viable argument that the agency’s missteps proximately caused the assault because Ormond “would have avoided assault but for [the agency’s] misconduct in failing to warn or protect her.”
Ormond’s success in defeating the defense motion for summary judgment represents a potential key moment in ASA law, affirming that individuals and entities may be liable under the statute if they enabled the predator or if they knew about the predator’s tendencies but failed to warn the eventual victim. For questions you may have about ASA lawsuits, don’t hesitate to get in touch with the knowledgeable New York City sexual assault attorneys at Phillips & Associates PLLC. Our team of diligent and sensitive lawyers has helped many, many survivors navigate this legal landscape, so we keenly understand both the legal aspects and the human element, as well. To learn more, please get in touch with us online or call (866) 229-9441 to schedule a free and confidential consultation today.