Alliance: Newsletter: Summer 2006: Policy on Center Stage
Newsletter: Summer 2006: Policy on Center Stage
This year's state legislative session grappled with important issues for our community. Months of political wrangling ultimately rewarded the hard work of advocates and public officials with a surprise ending. Below is a synopsis of battles won and those awaiting us next season.Battles Won
After years of trying, the statute of limitations was finally abolished for B-level violent sexual assault felonies. Its elimination means that rape, along with murder, kidnapping and arson, is considered a crime "serious enough" to be free of time limits on actions or prosecution.The victory is long overdue. The landscape of rape prosecution has changed considerably as a result of activists from both within and outside of the system. First, the burdensome requirements of proof of a physical struggle and a third party witness were removed for most victims. The rape shield law protects the privacy of a victim's past sexual history. The Alliance's Policy Statement on the Statute of Limitations emphasized the importance of the next hurdle to victims' recoveries -- the statute of limitations -- when prosecution serves "as a part of their overall healing process in which they transform from victims of sexual assault to survivors."
Despite years of campaigning, the prosecution of rape cases in New York was hampered by one of the shortest limits in the country. Legislation to eliminate it had been introduced time and again. What was the tipping point this year?
According to Sonia Ossorio, the president of NOW-NYC, which spearheaded an astute advocacy campaign, pure persistence paid off: "We made it part of everything we did," said Ossorio.
She credited this year's success to a threepronged approach: knocking on doors in Albany; personal outreach; and public education.
"First we asked, 'how can we frame this issue?' and we looked for cases that would really stick in people's minds," Ossorio recalled. "There were a lot of misconceptions that we had to detangle."
A year of coalition-building and networking culminated in a press conference June 18 with State Senator Jeffrey Klein and, notably, an editorial in the New York Times.
If its passage this year was a pleasant surprise, the extension on the statute of limitations for civil actions was an added bonus. Many political observers originally suspected that the civil measure was introduced only to kill the criminal statute campaign. When both passed, the disbelief and relief were palpable. The statute of limitations for civil actions was extended by five years for Blevel violent sexual felonies. Civil action offers victims another avenue to seek justice.
The state legislature also passed a bill that requires all those convicted of a list of 17 misdemeanors and all felonies to submit DNA to the state databank. New York becomes one of 43 states to archive all felonies in a DNA databank. While such expansions are controversial, particularly in terms of civil rights, to date, every one has led to increased identifications in unsolved rape cases. Indeed, Katy Vicchitto, who was sexually assaulted in her Bronx apartment in 2001, was central to the law's advocacy campaign by speaking out publicly.
Battles to Win
Victim-Centered Services: Victim advocates see a glaring need for services for victims who are contacted by the criminal justice system years after the crime was committed due to a DNA "hit." Many of these victims have moved on with their lives and contact about the prosecution is not always welcome. The Alliance and other advocates supported funding to ensure access to appropriate services.We hope to make progress in the coming sessionDatabase Regulation: The implementation of uniform standards and procedures for all local DNA databases was supported by civil liberties advocates in light of the dramatic expansion expected. Increased penalties for unauthorized testing and usage were also proposed to properly protect individual rights.
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