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The number of rapes in New York has increased: where victims can find help

'24.01.2023'

Nadezhda Verbitskaya

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The number of reported cases of rape is on the rise in New York. It rose sharply after a lull in the early days of the pandemic. The city now averages five rapes a day, reports Gothamist.

The process of filing and investigating a sexual assault or rape is complex and stressful.

What is the first thing a person should do if they have been sexually assaulted or raped?

Christopher Bromson, Rape Crisis Consultant and Executive Director Center for Victims of Crimeadvised to seek medical attention first. This non-profit organization provides free support services and legal advice to victims of rape and sexual assault at four hospitals between Manhattan and Brooklyn.

“One of the best ways to reach support services in New York is to go to the emergency room, a number of which specialize in helping victims of sexual assault,” says Bromson.

Experts say it's best to avoid showering, changing clothes, and combing your hair before you go to the hospital. However, if you do any of the above, you can still get tested.

Crisis counselors are on duty in emergency rooms to support those affected

They provide services regardless of a person's immigration status, gender, sexual identity, English proficiency, or drug use. Survivors can also call his or another rape crisis crisis program directly, rather than being connected at the hospital. Apart from Center for Victims of Crime, organizations such as New York City Alliance Against Sexual Assault, New York State Coalition Against Sexual Assault и Safe horizoncan provide victims with lawyers and other support services.

While in the hospital, victims can file a complaint with the police. But they should never be pressured or required to do so. However, there is one exception. If the person being assaulted or raped is a minor, anyone who is a required reporter (including medical staff, social workers, and others) must report it, according to the RAINN state policy database.

About 20% of the people with whom the Crime Victim Assistance Center works prefer to report it during a hospital visit. In these cases, members of the Special Victims Unit come in, take statements, and begin an investigation.

On the subject: Women in New York buy pepper spray: they are afraid of attacks on the streets

Hospital services should be free. According to Forensics Direct Reimbursement Program New York State rape victims are not required to use their private insurance benefits, Medicaid, Medicare, HMO, or any other insurance program to pay for medical examinations. Especially if it violates their privacy or security. Services provided in the emergency room after a sexual assault or rape will be paid for by the state.

What to Expect at the Hospital

Below is a list of what is included in the evaluation and treatment of sexual assault in a hospital. However, survivors should be able to give up anything they find uncomfortable while visiting the hospital.

“Over time, the examination will become more and more invasive. But the victim can choose every part they want to participate in,” says Bromson.

  • An examination to make sure the person is physically healthy.
  • Taking a swab from the mouth to collect identifying DNA.
  • A head-to-toe examination, which may include, depending on the person's specific experience and permission: an internal examination of the mouth, vagina, and/or anus; taking samples of blood, urine, smears from the surface of the body, and sometimes hair samples; photographs of the victim's body for documentation of injuries and examination; collection of items of clothing, including underwear.
  • Questions about the victim's medical history, recent consensual sexual activity. As well as questions about assault or rape. These questions will help establish a link between the collected DNA and the perpetrator. As well as identifying DNA collection sites and body parts that should be checked for damage.
  • Ability to take medication to prevent pregnancy and sexually transmitted infections and diseases, including HIV.
  • Ability to complete paperwork obtaining compensation for victims of crime. In New York, any victim of a violent crime who is unable to pay for things like medical bills, counseling, or lost wages is eligible to apply for compensation from the state.
  • The victims will receive New York Sexual Assault Victims Bill of Rights which explains their rights under the law.
  • The person in the emergency room will be given the option to use a pseudonym if they feel unsafe.

Should I immediately report an attack

Elizabeth Jaeglick is a sexual assault prevention expert and professor of psychology at John Jay College of Criminal Justice. She says that the most important thing is to quickly get to the hospital and save the evidence so that the person has it if he decides to report what happened. She warned that the likelihood of having evidence decreases the longer a person waits for an examination - even if it's only 24 hours. This can complicate the investigation of the crime.

“You can take your time, but the evidence has already been collected and is there. So if you decide later that you want to go to the authorities and press charges, you can do it,” she said.

Bromson said that once a crime has been reported to the police, the next steps can be very stressful. He recommended finding time ahead of time.

There is no statute of limitations for first-degree rape, as there is for many first-degree sexual offenses committed after February 2019. For other sexual assaults, the statute of limitations is three to 20 years.

What happens if I report to the police

When a sexual assault is reported from the hospital, it goes straight through to the NYPD Special Branch. After a call is made to the ER, a detective usually arrives and takes a statement.

The victim has the right to have a licensed attorney present throughout this process. The police will question the victim in more detail about what happened. Where he was, who he was with, and what he can remember about the place to help them start investigating and gathering evidence.

After the statement is taken, the police usually begin an investigation and search for the assailant. If the assailant is an acquaintance of the victim, the police may issue a warrant for his arrest. Then in a day or two they will take action to clear up any further questions about the case.

Bromson says having a quarterback can help in the days ahead.

“We will call the police to clarify the information so that the victim does not have to do this. And if the case goes to the district attorney's office, our legal defense department will work on behalf of the victim with their office,” Bromson said.

Alyssa Heidari is Associate Director of the Institute for Prosecution Innovation at John Jay College of Criminal Justice and a former Assistant District Attorney for Manhattan. She said that despite the ongoing NYPD investigation by the Department of Justice, she found that most police officers treat victims with respect.

“There are a handful of police officers in any department who treat victims badly,” Heidari said. “But the vast majority of cops and detectives are excellent employees.”

What to Expect from an Investigation

According to Heidari, after an initial interview with the police, the case is usually transferred to the prosecutor. The prosecutor usually wants to question the victim. They will ask the victim to sign a release form allowing the prosecutor to obtain the victim's medical record from the hospital if they are the first to go there for treatment and examination.

Heidari warns that the legal process can take a very long time.

In between, the victim will be asked to sign a supporting affidavit, an official document certifying that the information provided by them for their case is true and accurate. They may also have to testify before a grand jury. This is a private trial in which the jury hears evidence and decides whether to file formal charges against the accused. If the defendant is charged, then the case moves towards either a plea agreement or a trial.

If there is a trial, then, according to Heidari, the victim will most likely have to testify.

I'm afraid of being blamed for what happened

Many people either blame themselves or fear they will be blamed for having played some part in the attack. Whether it was because at some point they came into contact with their assailant by mutual consent, were drunk or drugged, or for some other reason. But Bromson said sexual assault and rape are never the fault of the victim.

“People have a number of typical reactions to sexual assault, one of them is self-flagellation. But no one has the right to hurt another person,” he said. He said reaching out to counselors could help survivors deal with these feelings.

The police have a written policy not to prosecute people who report rape for things like immigration status or drug use. If drugs are found in the victim's body, the police will ignore them. However, Heidari noted that defense lawyers may raise the issue of illegal behavior at trial in order to question the accuser's credibility.

Melissa Sontag Brudo, legal director for Decriminalize Sex Work, said there is a legal gray area when it comes to prosecuting sex workers who report rape. While the anti-prostitution law is still in place, fewer and fewer people are being prosecuted today.

“But it still depends on the specific circumstances and the county or district in which you apply, not the law,” says Brudo.

What should I do if I suspect the police are mishandling my case?

Ideally, the person should report this to the chief at the police department.

They can submit online application to the Civilian Complaints Board, the New York State Attorney General, the NYPD Bureau of Internal Affairs, and Office of the Inspector General.

A victim lawyer, such as the one provided by Bromson's group, can also help.

If a person does not have a lawyer, he can apply for one in Crime Victim Assistance Program - NYPD (nyc.gov).

And since the NYPD is currently investigating the NYPD SWAT, anyone who believes they have been mistreated by the police can apply directly to the DOJ.

What other support is available

Victim assistance centers can offer a range of services. Many of them offer weekly individual or group therapy for trauma survivors. Many also offer legal protection. That is, accompanying the victim to meetings with the police, prosecutors or in court. They can also help with protection orders and immigration matters. Often the centers also offer training in various areas. For example, building healthy relationships and assessing risk factors.

By law, licensed consultants have the right to be with the victim throughout the entire process - from the hospital to the court.

Here are some numbers:

  • Crime Victim Assistance Center: (212) 523-4728
  • Safe horizon: (212) 227-3000
  • RAINN Sexual Assault Hotline: 800-656-HOPE (4673) or chat
  • New York State Sexual Assault and Domestic Violence Hotline - (800) 942-6906
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