N.Y. Comp. Codes R. & Regs. tit. 9 § 4.126
WHEREAS, rape and sexual assault are among the most heinous crimes in our society, manifesting a callous violation of our right to be safe and secure from physical violence and the threat of severe physical injury and death, and leaving victims severely traumatized by the complex and long lasting physical and psychological consequences of these crimes; and
WHEREAS, every victim of sexual assault is in need of compassion, support and understanding from family and friends, medical personnel, counselors, law enforcement personnel, prosecutors, judges and jurors, as they struggle to overcome the pervasive physical and psychological trauma of these devastating crimes; and
WHEREAS, although in recent years we have made numerous advances in treating victims of rape and sexual assault and improving prosecution of sex crimes, further changes are necessary to eliminate misconceptions and stereotypical views about victims of sexual assaults are chosen without provocation and generally without regard to age, race or economic class, to provide a comprehensive, effective response to the unique needs of victims, and to assure that our laws are adequate and that our legal procedures throughout the State are applied uniformly so that victims of rape and sexual assault will feel confident in reporting such crimes, thereby facilitating prosecution and conviction of offenders; and
WHEREAS, an intensive study should be undertaken to identify ways to foster public understanding of the tragic effects of rape and sexual assault, ensure a coordinated, compassionate effort to address the medical, legal and psychological needs of victims and eliminate any remaining societal and/or legal barriers to the treatment of victims and the prosecution of perpetrators;
NOW THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:
There is hereby created the Task Force on Rape and Sexual Assault. Members of the Task Force shall consist of the Director of the Division for Women, the director of the Division for Youth, the Commissioner of the Department of Social Services, the Commissioner of the Department of Health, the Chairperson of the Board of Parole, the Chairperson of the Crime Victims Board, and the Executive Director of the Office for the Prevention of Domestic Violence, or their respective designees. The members shall also include persons with expertise in dealing with victims of rape and sexual assault and with sex offenders, such as law enforcement personnel, prosecutors, judges, counselors, support service providers and researchers, as the Governor shall choose to appoint, who shall serve at the pleasure of the Governor. The Director of the Division for Women shall serve as chairperson. The members of the Task Force shall not receive any salary or other compensation for their services as members of the Task Force but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties.
The Task Force shall study the following questions and report to the Governor on its preliminary findings and recommendations on or before November 15, 1989, particularly with respect to recommendations for legislation, and provide a final report on or before March 31, 1990.
Law
--Are the laws relating to rape and sexual assaults adequate? Do they provide sufficient protection for the victims and appropriate punishment for the offender? Should penalties be increased for any of the sexual assault crimes? Should penalties be increased for juvenile offenders?
-- Are the various types of rape and sexual assault cases treated adequately in the criminal justice system? Are other crimes treated differently? Are rape and sexual assault cases treated differently if they involve ethnic minority or disabled victims? Are changes necessary to facilitate prosecution?
--Is plea bargaining more prevalent in rape and sexual assault cases than in other cases involving crimes against a person? If so, what steps can be taken to reduce the incidence of plea bargaining in inappropriate cases?
--Do the confidentiality rules adequately protect victim's statements to health care professionals and counselors? Should there be legislative changes?
-- What are the experiences of victims of rape and sexual assault who sue for damages? Are they successful? Is there a significant impact from these types of damage suits?
Attitudes and Education
To what extent do cultural stigma and myths about sexual assault reduce the effectiveness of the laws relating to rape and sexual assault?
--What is the prevalence of erroneous stereotypical attitudes towards victims of sexual assaults? -- i.e., that the victim asked for what he or she got, that the victim is responsible for the attack, or that it can't happen to me or members of my family. How do these attitudes affect the administration of justice? What can be done to overcome stereotypical attitudes and promote greater public understanding of the physical, mental and psychological trauma suffered by victims of rape and sexual assault and greater sensitivity to the needs of victims?
--What education and awareness is needed to assure that judges, district attorneys, lawyers, police departments, bar associations, law schools and judicial screening committees, the public, schools and communities are familiar with the current information about the nature of the crime of sexual assault, the psychology of offenders,
the long-term psychological injury to sexual assault victims and the prevalence and seriousness of sexual assault? Is there sufficient emphasis in our schools on fundamental values relating to respect for the security, privacy and self esteem of each individual and each individual's obligations to the community?
Counseling and Protocols
-- Is there a need for additional or improved counseling and support services for victims of rape and sexual assault and their families, more coordination among localities and more culturally sensitive services?
--What are hospital protocols for dealing with victims of sexual assault? Do they respond adequately to the needs of victims of sexual assault?
--Do sexual assault victims face obstacles in securing information about their risks of contracting a sexually transmitted disease or AIDS as a result of the sexual assault?
Criminal Justice and Offender Treatment
--Are sex offenders tracked and treated through the criminal justice system,
including the prisons? Are juvenile offenders tracked and treated? Is it appropriate to track adult and juvenile sex offenders?
--What services and rehabilitation programs are in place for sexual assault offenders, juvenile offenders and ex-offenders? Is counseling mandatory? What is the effect of a plea bargain on follow-up counseling or treatment?
--Is there a need for additional or improved training for prosecutors and law enforcement personnel? How do specialized prosecution units and police units operate?
Are they effective? What are the benefits of such units?
--What programs are in place to reintegrate offenders into society? Are they successful?
-- Do the attitudes and practices of law enforcement officials and prosecutors influence victims of rape and sexual assault to report or pursue prosecution of the offenses against them?
All departments, divisions, boards, offices, and public corporations of the State are requested to cooperate with the Task Force and to provide such assistance as the Task Force may request to fulfill its purposes.
Signed: Mario M. CuomoDated: July 19, 1989
[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.126