(photo: the governor's office)
At the end of August, NBC New York ran a story about a young woman who was raped after going out to a Manhattan bar. Despite the fact that she came forward, wanting justice to be done, the Manhattan District Attorney refused to prosecute the case.
When a reporter questioned his decision not to pursue charges, DA Cyrus Vance’s staff shared a letter he wrote to Governor Andrew Cuomo insisting that he cannot bring forth rape charges in cases in which victims were voluntarily intoxicated. In other words, if you go out in Manhattan, get drunk, and end up being raped, there is nothing the Manhattan DA can do for you.
It’s a disingenuous claim.
The idea that “prosecutors cannot bring sex crime charges in cases where the victim becomes voluntarily intoxicated and was unable to consent” is simply untrue. We know it’s untrue because the Manhattan DA himself brought charges in a similar case: People v. Johnson.
In that case the Manhattan DA secured a Rape 1 indictment where the victim was voluntarily intoxicated. The Appellate Court ultimately vacated the conviction, but only because DA Vance’s office botched the plea deal.
This is not the first time DA Vance has declined to press charges in a sexual assault investigation, and he’s not the only one with a follow-through problem. Time and time again, law enforcement fails survivors of sexual assault. It’s not a problem unique to DA Vance or New York City but a nationwide “epidemic of disbelief” as Atlantic writer Barbara Bradley Hagerty put it.
Survivors of rape are regularly met with skepticism. Though it’s the police who investigate and DAs who secure convictions, the state Legislature cannot be absolved of responsibility.
Currently, under New York state law, only forced vaginal penetration is considered rape while forced oral and anal contact are labeled criminal sexual acts. Not only is this definition restrictive, it is archaic. There are consequences to this omission: refusing to call rape by its name reduces the perceived severity of the crime.
The Rape is Rape bill (A00794C) would amend the penal code to redefine rape to include forced anal and oral contact, and eliminate the penetration element that is legally necessary to establish that a vaginal rape has occurred.
At first glance, the bill appears an easy sell. Who would disagree that forced anal or oral sex should be considered rape? Equally important is the underlying question. Who would argue that the law shouldn’t recognize that a man has been raped? Well, the District Attorneys Association of the State of New York, for one. The lobbying arm of the state’s DA association has proved a major hindrance to any sort of progressive reform and in 2013, then-DAASNY President Cy Vance wrote to the Assembly opposing the bill on bogus claims that it would reduce penalties for sex crimes.
A similar reluctance to evolve has pervaded the NYPD’s approach. Up until this year, the NYPD was undercounting rape in New York City by as much as 38%, excluding reports of forced oral and anal contact in its official reporting system despite a state mandate to include these crimes in its statistics. Following the Newsy report, we called on the NYPD to immediately bring its system up to federal standards, and the department did.
While the NYPD works to implement a “victim-centered” approach – a result of a scathing city Department of Investigation inquiry that found the Special Victims Division was undertrained and understaffed – the Legislature must do its part and pass the Rape is Rape bill in January, when the next legislative session begins.
And our work does not end there.
We must also elect District Attorneys who will be thoughtful in their prosecutions of sex crimes and take all rape cases seriously, not just the ones they think they can win.
It is especially important that we have DAs who understand that the Penal Code should not only be used to prosecute crimes, but to inform the public of what is acceptable behavior. When we call a rape—whether it is vaginal, oral, or anal—anything but rape, we delegitimize the crime and invalidate the survivor’s experience.
Perhaps the Me Too movement is the cultural awakening this country needs to take sexual violence seriously. That being said, these cultural changes will not happen overnight and in the meantime, we implore the NYPD, New York’s District Attorneys, and the state Legislature to do better.
Everywhere we look our institutions, designated to protect, serve, and deliver justice, are failing survivors. We must take responsibility for these failures and adopt survivor-centered policies while we work to change society.
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Dan Quart & Aravella Simotas are members of the New York State Assembly representing parts of Manhattan and Queens, respectively. On Twitter @amdanquart & @AravellaSimotas. (Quart is also a candidate for Manhattan District Attorney.)
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(photo: William Alatriste/City Council)
The Trump administration’s changes to the “public charge” policy are so ambiguous and poorly communicated as to leave little doubt about whether the resulting fear rippling through immigrant communities nationwide was baked into this bigoted scheme.
Here in New York City, we refuse to follow the White House down this dark path. We are the home of Ellis Island, a town built with immigrant hands and made great by the diversity we celebrate. We will fight the imminent public charge policy changes with every tool available and combat the Trump administration’s campaign of fear and misinformation.
This effort must start with our city agencies, which currently do not provide clarity for those new Americans looking for real answers.
New York City’s Department of Education and Human Resources Administration websites detail a multitude of programs and services available for millions of New Yorkers. Ranging from legal aid to emergency food sites, these benefits are lifelines for families in need with nowhere else to turn.
None of these resources, however, inform immigrant families of the federal government’s changes to public charge policy slated to take effect October 15. The policy change will expand the definition of a “public charge” to include immigrants who receive public benefits such as cash assistance, Medicaid, SNAP, and Section 8 vouchers. Those deemed a public charge will be barred from obtaining a Green Card or permanent residence in the United States.
This has grave consequences for hundreds of thousands of immigrant New Yorkers. For some immigrant parents who use public benefits to provide for their U.S.-born children, they may risk losing any chance at citizenship in the future.
The weaponization of our public benefits programs will undoubtedly have a chilling effect on the number of New Yorkers seeking basic necessities such as access to housing, general nutrition and financial security. It will force some to make the unfathomable choice between feeding their children and the dream of becoming an American citizen.
Leaders like New York State Attorney General Tish James and several immigrant-focused social service organizations are already leading the legal fight to block this policy. But more must be done.
It is important to remember this rule change only applies to individuals seeking admission into the United States or applying for adjustment of status. However, the policy’s intentionally misleading language has stoked fear and confusion among a much larger swath of our immigrant population. Some immigrants who may not be affected by the policy change are nevertheless considering disenrolling from these life-sustaining programs out of confusion, fear, or both.
This is where city officials must rise to the occasion, and it is precisely why we have introduced a package of bills in the City Council requiring agencies to create and distribute comprehensive fact sheets and resource materials.
By disseminating information in multiple languages in schools, trusted spaces, and high-traffic government buildings, we can counteract the panic sweeping our city. Our legislation would ensure detailed fact sheets and information on emergency feeding programs are delivered directly to parents, students, and all those who disenroll from Supplemental Nutrition Assistance Program (SNAP) or whose SNAP benefits are set to lapse.
This full-court press will guarantee that nearly every family in New York City would receive this crucial information. These materials will both reassure individuals of their lawful right to public benefits and include information on how to navigate serious issues including how to obtain an attorney and access emergency food.
The danger of this rule change lies not only in its xenophobia, which asserts that America is open only to the wealthy, but also in the uncertainty and fear it strikes in so many of us. It is easy to be scared by the hateful rhetoric that we hear from the president and his acolytes. But if we educate ourselves and each other, we can protect our communities and fight back to ensure our most hardworking, resilient and vibrant communities receive equal treatment.
The blatant attack by the Trump administration on new Americans is in full display across the country as families are separated, detained in horrific conditions, and returned to the perils they fled to seek refuge in the United States. It is up to our local government to provide the necessary resources to all our constituents, regardless of their national origin or economic status. Though the White House may continuously shout at you to go away, this city will honor the lamp that lights the New York Harbor and say to you, welcome home.
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Carlina Rivera and Francisco Moya respectively represent Manhattan’s District 2 and Queens’ District 21 in the New York City Council. On Twitter @CarlinaRivera & @FranciscoMoyaNY.
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Mass transit watchers are eagerly anticipating who will be appointed to the six-person Traffic Mobility Review Board, which was embedded in last April’s state budget deal outlining the framework for instituting a congestion pricing tolling system around Manhattan’s Central Business District (CBD).
All but one member (which is selected by the Mayor) will be appointed by the Triborough Bridge and Tunnel Authority (TBTA). While two appointees will represent Long Island Rail Road and Metro-North interests, we strongly believe one of the other appointees must speak for another critical – yet often maligned – form of public transit: our buses that fuel the region.
While the CBD Tolling Program was born out of a critical need to find a new funding stream for the New York City subways, it is imperative those entities and individuals entrusted with selecting the members of the Traffic Mobility Review Board choose at least one individual who intimately understands the important role buses play in the area’s intricate and complex transportation network.
Beyond the city’s impressive public bus fleet, there is a much larger contingent of commuter, tour, charter, and sightseeing bus companies providing interstate travel from throughout the United States right down to local New York City streets, serving millions of daily commuters, seniors, students and visitors. These private providers of mass transit are a critical piece of the traffic mobility puzzle; delivering a safe, viable transportation solution; and constantly feeding a major economic engine that drives commerce throughout all five boroughs and throughout the New York metropolitan region and beyond.
One bus does the job of as many as 55 single-occupancy cars bringing commuters to work, students to school, shoppers to small businesses, and visitors to vibrant and thriving destinations across New York City seven days a week, 365 days a year. Buses bring one thing Amazon cannot ship in a box – the quick and immediate infusion of capital into the local New York City economy.
On behalf of our diverse group of private operators both large and small, we share the same objectives of reducing congestion and greenhouse gas emissions, while encouraging residents and visitors to consider mass transit. Our subways and rails cannot accomplish this alone.
Congestion funding should also be considered for the expansion of dedicated bus lanes and parking infrastructure, which will ensure improved safety and mobility. From filling the voids left by mass transit deserts scattered throughout the region to counterbalancing the ill effects caused by the proliferation of for-hire vehicles and e-commerce deliveries clogging streets, private buses deserve to be recognized by placing a member of the bus community on the Traffic Mobility Review Board. After all, private and public buses were part of the solution when London implemented congestion pricing, and they are a key part of the solution in New York now.
From pricing to technology and possible exemptions, the decisions that lie ahead for the Board will have a long, lasting impact on the New York City landscape – if not the entire tri-state region. BUS4NYC members are working every day for all New Yorkers who ride the bus and many others impacted. So, too, should this new board.
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Glenn Every is president of BUS4NYC, a New York City-based advocacy group comprised of private bus company operators, related businesses and associations promoting the industry as a viable transportation solution and local economic driver. On Twitter @BUS4NYC.
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