Support of the currently pending bill

To my understanding, the New York State is waiting for the state’s governor, Andrew Cuomo, to sign the currently amended bill on the rights of sexual assault victims. The legislation is an act to amend the executive law as well as the public health law in regard to the establishment of a bill of rights for the sexual assault victims and the victim’s right to notice before destruction of the sexual assault evidence kit, and the amendment of the executive law regarding the maintenance of the evidence of sexual assault. The purpose of the legislation is to make available the establishment of a Sexual Assault Victim Bill of Rights by the health department in lease with the office of victim services, Division of Criminal Justice Services, hospitals as well as other concerned healthcare providers, and the organizations as well as agencies for victim advocacy. The bill is also concerned with establishing a Victim’s Right to Notice of the status of their sexual offense evidence kit. I am therefore, writing to support passing the pending legislation.

According to the Center for Disease Control and Prevention (2018), sexual violence has become a serious public health issue that is affecting millions of men and women as well as children. Current statistics provided by the CDC (2018) shows that 1 in 6 men and 1 in 3 women are victims of sexual assault. The reports of sexual assaults against both children and adults have continued to increase throughout the past decade. Although there are comprehensive reporting nationwide, the number of sexual assaults cannot be accounted for as some of the sexual assault victims do not report the incidences. Some of the sexual assault victims do not report the cases for various reasons including lack of faith in the follow-up treatment as well as in the investigative and prosecutorial systems in the country. Some of the sexual assault survivors lack confidence with the criminal justice system hence, fail to report the assault. An informal survey conducted by the New Jersey Division on women provides that among the reasons why most women opt not to report the sexual assault cases include fear for their personal safety, lack of enough confidence with the criminal justice system, and concerns regarding privacy. 

The published bill will be distributed to all hospitals and other healthcare facility centers as a document that must be provided to every individual presenting sexual offense.  It will also be made available on the health department’s website and translated into at least ten languages that are commonly spoken in the New York state. This act will enable every individual who has internet to access the website and become aware of the rights of the sexual assault survivors within the state. Also, the healthcare providers will have a chance to educate the survivor victims of their rights under the New York State rules and regulations before proceeding to report the case to the criminal justice system. 

It is not different in the New York State where the number of sexual assault victims are increasing, and the reporting of such cases has not been fully met for the fear of the same reasons. For the state to be able to deal with this issue, it must assure the victims of justice and fairness, privacy, and inclusion in the investigation. The victims must also be made aware of their rights to enhance their confidence in reporting the sexual assault cases to the criminal justice department. The survivor victims must be given surety that reporting will be in no vain.

The cooperation of the healthcare providers, law enforcement, and rape crisis advocates as well as other agencies or organizations involved in the health or rights of sexual assault survivor victims to work as a team to make sure that the rights of the survivor victim are not violated during the investigation as well as after the investigation is completed, is of profound importance. The working together of the mentioned associates in guidance with the pending bill will aid in giving chance to the survivor victims acquire justice as well as the necessary healthcare provision. 

The Violence Against Women Act of 1994, provides that women should not incur any cost to get a rape kit tested, but, most of the states have loopholes that tend to force the sexual assault survivors to pay it. Passing the pending bill will help the sexual assault victims in the New York State to be aware of their rights, which involves free testing of their rape kits as well as other medical attention that the survivor victim may be required to undergo. The legislation provides that the sexual assault survivor victim be offered the appropriate post-exposure treatment therapies as well as a seven day starter pack of HIV post-exposure prophylaxis at no cost. This is in accordance to the guidelines provided by CDC (2015) to provide the sexual assault survivor victim with post-exposure prophylaxis to reduce the risk of acquiring HIV.  The rule is also in alignment with subdivision 13 of section 631 of the executive law. Therefore, passing the legislation in the state of New York will provided an emphasis on the already existing laws that were not previously practiced in the state. 

The rights of the sexual assault survivor victims have been in a long time neglected, thereby giving rise to the number of sexual assaults that have not been reported. The healthcare sector cannot on its own work to reduce the issue of sexual violence in the state, hence passing such a bill will help the sexual assault survivor victims to become aware of their rights, report the incidences, thereby giving the criminal justice system a chance to deal with the sexual assaulters. It will also help in scaring away the sexual assaulters, which will further reduce the sexual assault crimes in the state as well as in the country at large. Also, this will reduce the cost of medical expenditure on sexual assault cases in the long-run.

The available evidence regarding sexual assault in the country dictates that the government in collaboration with the healthcare department as well as the criminal justice system, should provide the sexual assault survivor victims with their rights. Thereby, I fully support passing the existing that will not only help the existing sexual assault survivor victims, but also, the future of the sexual assault survivors in the New York state. The passing of the bill should be made with immediate effect to help increase the well-being as well as the quality of life of the sexual assault survivor victims in the state as well as the country at large.                                              

References

Act, V. A. W. (1994). Tit. IV of the Violent Crime Control and Law Enforcement Act of 1994, Pub.

Assembly Bill A8401C: https://www.nysenate.gov/legislation/bills/2017/a8401/amendment/c 

Centers for Disease Control and Prevention. (2015). Sexually transmitted diseases treatment guidelines, 2015. Annals of Emergency Medicine, 66(5), 526-528.

Centers for Disease Control and Prevention. (2018). Sexual Violence Prevention. 

Senate Bill S8977: https://www.nysenate.gov/legislation/bills/2017/s8977