Relates to the rights of sexual assault survivors during the investigative process

◆ The sponsor's argument

Why Julia Salazar says this is needed

New York State has taken meaningful steps to establish comprehensive rights for survivors of sexual assault, but there is still more to be done to ensure that survivors feel safe and comfortable to report and receive services. The New York State Coalition Against Sexual Assault (NYSCASA) reported that between 2018 and 2022, the majority of survivors did not report their assaults to law enforcement. Only 18% of respond- ents reported their assault, while 59% chose not to involve the police. This aligns with national trends, where approximately 25% of sexual assault incidents are reported. Mistrust in law enforcement plays a significant role in the underreporting of sexual assault. According to NYSCASA's survey, 13.1% of respondents indicated that they did not trust the police to help them due to their racial, ethnic, or gender identity. This mistrust is further compounded by the perception (according to 24.6% of respondents) that the police may not conduct a thorough inves- tigation. Additionally, previous negative interactions with law enforce- ment contribute to this hesitancy, with about 14% of survey respondents experiencing one or more negative encounters with the police, which deterred them from seeking help again. This bill aligns New York with existing laws in other States by granting sexual assault survivors the right to request a person of the gender of their choice to be present during any interview, and granting survivors the right to have a support person present during all stages of any interview by law enforcement. In addition to strengthening survivor rights during investigative inter- actions, this legislation establishes a Sexual Assault Survivors Task Force to study the rights of sexual assault survivors and evaluate the services available to them throughout New York State. Although New York maintains a network of rape crisis centers and sexual assault service providers that offer counseling, advocacy, and support to survivors navigating medical and legal systems, service providers continue to report increasing demand for services and disparities in access across different geographic regions and communities. Advocacy organizations working with survivors have noted that limited staffing, uneven distrib- ution of services, and insufficient data about survivor needs can create barriers to accessing timely counseling and advocacy services. The task force created by this legislation will bring together survivors, service providers, government agencies, and community organizations to conduct a comprehensive review of survivor rights and services across the state. The task force will collect statewide data regarding survivor access to services generally and during the investigative process, and gather feedback from survivors, practitioners, victim service providers, and health care professionals to inform future best practices and policy recommendations.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.