ASA - Karen L. Swanson

The outstanding attorney who handled my case is Laura M. Trachtman, Esquire. To reach Ms. Trachtman, visit Trachtman & Trachtman for her contact information.

Anyone considering hiring an attorney to pursue a settlement using the Adult Survivors Act (ASA) might find it helpful to see the letter Attorney Trachtman and I created and successfully used to win a settlement. Here is a redacted version; I’ve inserted “< >” in places where an attorney would need to insert relevant data.

I hope this is helpful to other victims seeking justice without the trauma of litigation.

ATTORNEY LETTERHEAD

FOR SETTLEMENT ONLY • WITHOUT PREJUDICE

Re: Adult Survivors Act (S.66A/A.648A) and <VICTIM NAME>

<ABUSER NAME>:

My name is <ATTORNEY NAME>, and I am an attorney. My firm has been retained by <<VICTIM FULL NAME> (“VICTIM LAST NAME”)>. I write in the hopes of avoiding initiating litigation against you under the Adults Survivors Act, which enables the adult survivors of sexual abuse to file suit against their abusers, by giving you a single opportunity to settle with my client.

As you know, in <DATES>, you commenced sexually abusing <VICTIM LAST NAME> while she was <SITUATION / RELATIONSHIP> in New York State. You continued to prey upon <VICTIM LAST NAME> for years after she graduated from high school and… <EXPLANATION OF ABUSE.>

While the statute of limitations on criminal prosecution for this sexual abuse has long since passed, on May 24, 2022, New York State Governor Kathy Hochul signed the Adult Survivors Act (“ASA”). The ASA enables survivors of sexual abuses to file suit against their abusers regardless of when the abuse occurred, thus creating a loophole for the civil statute of limitations. As has recently been made obvious by the successful lawsuit brought by E. Jean Carroll against Donald Trump, sexual abuse creates a civil cause of action for battery. Should you fail to settle with my client, she will sue you for battery. As you likely know, all documents filed with the Court are publicly accessible, and you will thus be exposed as a child abuser.

Finally, as we intend to proceed to litigation in this matter if it cannot be otherwise resolved amicably, please take notice that you must preserve all evidence, electronically-stored or otherwise, that is in your possession or under your custody or control that is pertinent to the matters discussed herein, or that is likely to lead to admissible evidence pertinent to the matters discussed herein. This includes but is not limited to paper and electronic documents, e-mail, databases, storage devices or back-up tapes that pertain to the persons or topics discussed in this missive. This includes any information on network drives (such as a server), laptop and desktop computers, home and personal computers, any external storge devices and handheld devices, such as smart phones, cell phones and/or tablets used to create or receive correspondence or documents. Furthermore, the duty to preserve and not modify, delete, or erase such evidence also includes information created hereafter.

Please respond on or before <MONTH, DD, YYYY>. If you fail to do so, we have been authorized to initiate a lawsuit against you.

Sincerely,

cc: <VICTIM NAME>