One of the highest-profile bills not to get a vote in the New York state Assembly this year was the Adult Survivors Act.

It’s similar to the Child Victims’ Act, in that it would have created a civil lookback window for victims of sexual assault. The difference is that the victims in this case would have been 18 years old or older when the abuse took place.  

While the state Senate passed the bill unanimously, the Assembly didn’t take up the bill at all. 

Marissa Hoechstetter was one of the advocates pushing for passage of the Adult Survivors Act. She was abused by her former OBGYN Dr. Robert Hadden during a post-partum visit to his office. Hadden is now under federal indictment.

“Honestly, we’re really left with a lot of questions," Hoechstetter told Capital Tonight. "There’s no substantive difference between the Adult Survivors Act and the Child Victims Act that the Assembly passed, I think 135-9, just two years ago. And so, it really leaves us with questions. What are they afraid of?”

Hoechstetter said that no one gave her or any of the other advocates working on the bill a reason why the bill wasn’t voted on in the Assembly. She said it was “shocking” because so many of the advocates had made themselves available to answer questions about the bill. 

“We met with lawmakers and we offered really personal, intimate testimony, and had a lot of support,” she said. “We were asking 'what is there to discuss?' 'How can we answer questions?' And [lawmakers] couldn’t articulate that.”

But when asked to speculate, Hoechstetter said there are many “obvious reasons” why the bill didn’t get a vote in the Assembly.

“The governor himself would have been forced to sign legislation that would have made him liable," Hoechstetter said. "'That would be awkward,' one lawmaker was quoted as saying. And I just counter that with ‘what happened to me in my doctor’s office was really awkward.’”

Assembly spokesman Michael Whyland responded to Hoechstetter’s speculation.

“Respectfully, that is just not the case," Whyland stated. "Members have concerns, and as the majority leader said, we will continue to look at these issues."

Last week, Majority Leader Crystal Peoples Stokes released a statement which said, in part, the Assembly will “continue to evaluate how the current measures are working and how we can add value and improve upon them to ensure a harassment free work environment.”

Her full statement is below:

"As a woman and the majority leader of the People’s House, I have zero tolerance for sexual harassment, and I stand in support of anyone who is the target of such reprehensible conduct. No one should be subject to this type of harassment in order to make a living – or in any other space for that matter. This is not an issue that I take lightly.

The Assembly Majority has taken many steps to address the scourge of sexual harassment that has plagued our workplaces for too long. In 2013, the Assembly Majority announced new policies to address sexual harassment here in the Assembly, including requiring an independent investigator for complaints of sexual harassment, establishing mandatory reporting requirements and banning confidential settlements. I am particularly proud that our internal policy – crafted in the wake of several high profile and horrendous incidents – has been held up as a model policy in addressing these issues by leading experts.

In 2018, the #MeToo movement shined a light on how pervasive and dangerous sexual harassment remains and drove us to reevaluate statewide sexual harassment policies. In 2018, Speaker Heastie convened the Assembly Workgroup on Sexual Harassment, which worked to develop and advance groundbreaking new sexual harassment measures included in the State Fiscal Year (SFY) 2018-19 Budget.

In 2019, the Legislature held two joint hearings to engage survivors, advocates and experts and to gain insight on how to better address this very serious issue. Later that same year, we passed a sweeping package of reforms to address harassment in the workplace.

Last month, Speaker Heastie announced the continuation of the Assembly Workgroup on Sexual Harassment and added new members to the group. As Assembly Majority Leader and a member of the workgroup, I am proud of our efforts and know this must be an ongoing discussion.

Recently, advocates have raised a number of issues that deserve consideration. We support victims of harassment, and we are committed to getting this right, which means this must be a deliberative and thorough process. We will continue to evaluate how the current measures are working and how we can add value and improve upon them to ensure a harassment free work environment."