New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.126 - Executive order no. 126: establishing a task force on rape and sexual assault

Current through Register Vol. 46, No. 28, July 10, 2024
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:
I. Task Force on Rape and Sexual Assault
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.
II. Powers and
				  Responsibilities
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?
III. Assistance to the Task Force
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.]