Fair Access to Justice Act: A649 Cruz / S844 Salazar:   

This bill relates to the tolling of the statutes of limitations for individuals in state custody.   

The origin of this bill comes from work done with women who were sexually assaulted in prison by corrections officers or other staff, and with LGBTQ individuals who were physically and/or sexually assaulted due to negligent supervision while in custody. All of these individuals experienced retaliation in a variety of forms, including:   

  • further physical and/or sexual abuse 
  • destruction of their legal documents   
  • destruction of their mail and packages   
  • loss of seniority in work positions   
  • delays in appointments to see legal counsel   
  • tossing of their rooms on a regular basis   
  • verbal abuse  

Research has shown that it is incredibly difficult for a person to come forward with an allegation of abuse while that person is under the care of their abuser, or the abuser is someone they are forced to cohabitate with. By tolling the statute of limitations on civil claims, this bill will give those individuals in state custody who have suffered abuse greater access to justice. 

Speak Your Truth Act: A687 Gonzalez-Rojas / S2419 Hoylman-Sigal 

This bill provides protections for survivors against fraudulent defamation cases to silence survivors. The accused must provide means of malice in defamation cases and if found invalid for defamation the accused is responsible for bills.   

The bill would make it harder for perpetrators to weaponize defamation lawsuits against survivors of sexual assault, harassment, and discrimination. The threat of defamation is used as a means of intimidation to silence survivors for speaking out and seeking justice. Understanding the power dynamics in sexual violence and in the legal system, this bill helps balance the use of monetary and social intimidation with threatened or pursued legal cases.   

Voluntary Intoxication Loophole: A101 Dinowitz / S54 Fernandez 

This bill would allow for the removal of the voluntary incapacitation loophole to protect intoxicated individuals from being targeted for sexual assault.  

New York law currently recognizes sexual assault only in cases of involuntary intoxication, creating a dangerous blind spot in survivor protection. Not only do countless cases go unprosecuted because the survivor was voluntarily intoxicated, but it also further stigmatizes, inflicts fear, and often results in the re-traumatization of survivors of sexual violence. 

Healthy and Safe Students Act: A7496 Gonzalez-Rojas/ S6901 Salazar 

This bill mandates comprehensive sexuality education for all students in grades K-12 in public and charter schools. Development of program to include model curricula aligned with national standards, instructional resources, and public access to materials. Implementation is required by the school year following the bill enactment, with ongoing reviews to ensure compliance. 

There is a gap in New York’s education system of standardized curricula that ensures all young people receive sexual and emotional health education.   

Evidence shows that the incorporation of standardized sexuality education shows tremendous value to students and leads to more positive outcomes later in their life. It additional is a form of prevention of sexual, physical, emotional violence and harassment providing students with the information and resources to make informed decisions, learn about consent, boundaries, self-esteem, and healthy relationships.

For additional priorities, please see our full legislative agenda here.