NEW YORK'S NEW Sexual Assault
and Consent to Have Sex laws
as of July 2015
It's part of my job as a local criminal defense attorney in a college town to keep abreast of the ever-evolving legal landscape in New York. Last month, a big development occurred in the NY Senate for all colleges and universities in the state.
The state legislature passed a law, BILL S5965-2015,"ENOUGH IS ENOUGH" that MANDATES that all colleges and universities in New York have uniform rules and protocols relating to SEXUAL ASSAULT cases and AFFIRMATIVE CONSENT (to have sex).
This law went into effect on July 7, 2015. Here are some of the important highlights:
1. STATEWIDE UNIFORM DEFINITION of "AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY"
Here's the new STATEWIDE definition of Consent to have Sex in New York:
"Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create CLEAR PERMISSION regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does NOT demonstrate consent. The definition of consent does NOT vary based upon sex, sexual orientation, gender identity, or gender expression."
This is important to know and to understand if you are a college student. If your sexual partner falls asleep or is otherwise unconscious (due to alcohol or otherwise), that does NOT constitute consent to have sex under this new law.
Here is my favorite Consent analogy --the TEA VIDEO! (really great stuff).
2. Creates a STATEWIDE POLICY for PROTECTING the reporting student if they are in possession of alcohol or illicit drugs.
If you report a sexual assault, domestic violence, dating violence, or stalking --you WILL NOT get in trouble for an alcohol or drug use violation at any college or university!
This law makes sense because it understands that many, many incidents involve drug and alcohol abuse by students. Now, the law makes clear that the alleged sexual assault or dating violence is MORE IMPORTANT than some petty drug or alcohol school violation.
3. Mandates that each College and University adopt a NEW student's Bill of Rights
The new law REQUIRES that each New York college or university implement a Students' Bill of Rights --and it must include:
-the opportunity to report a sexual assault to law enforcement
-protection from retaliation from the school,
-access to services and resources
-must be distributed widely to students and college community members
-MUST be distributed at least once annually
**Ithaca College, Cornell University, and SUNY Binghamton administrators --I hope you guys are on the ball on this new law. It creates an onus on the school itself --not the student--to comply.**
4. PRIVACY in college/university conduct hearings for alleged victim/reporter
The new law places an emphasis on the PRIVACY of the individual who is the victim of the alleged assault or violence (or the reporter). Again, the onus is on the school to be sure that they are in compliance with this requirement.
WHAT DOES IT ALL MEAN?
It means that the New York legislature is really focusing on decreasing the number of sexual assaults and dating violence on college campuses across the state. It is taking steps to make sure that victims are properly treated and are given an opportunity to receive the services they need in the aftermath of a traumatic experience.
IT ALSO MEANS: If you are a college student in New York, you have to be super careful with any sexual partner to make sure they are really consenting AND IF YOU ARE NOT SURE--STOP.
By Attorney Mike Cyr
Copyright 2015
607-229-5184
Email: mike.ithacadwi@gmail.com
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