Relates to health care and wellness education and outreach programs for victims of sex offenses or victims of child pornography promotion

Summary of specific provisions

Section 1 amends the public health law by adding a new paragraph (k) to subdivision 1 of section 207 of the public health law. This would provide that the Department, of Health may conduct education and outreach programs for consumers, patients, and health care providers relating to the availability of individual, family and group counseling programs, education programs, and advocacy services provided at no cost by governmental agencies and not-for-profit organizations for victims of any sexual offense which constitutes a crime and for victims of child pornography promotion or possession

Section 2 provides that this act shall take effect immediately

Justification

The National Institute of Justice has estimated that one in four women and one in six men experience some form of sexual assault during their lifetime. The Disaster Center reports that in 2011 there were almost 3,000 victims of forcible rape in New York State. However, sexual crimes are among the most under-reported crimes, with 54% of the cases still being unreported in 2010.

Sexual assault can cause severe trauma-related psychological disorders that may affect victims for years after the assault. The Center for Disease Control and Prevention (CDC) states that victims of sexual violence face both immediate and chronic psychological consequences, which include the following: depression, attempted or completed suicide, alienation, and post-traumatic stress disorders.

Sexual violence can also have a severe social impact on its victims. Those who are subject to sexual abuse are proven to have more difficulties in developing relationships with family, friends and intimate partners. In addition, unhealthy and risky behaviors can derive as consequences of sexual violence and factors that increase a person's vulnerability to being victimized again in the future CDC}. Victims are more likely to engage in high-risk sexual behaviors (e.g. unprotected sex and early sexual situation) and to use harmful substances (cigarettes, alcohol, drugs).

In 2010, 79,668 children in New York State were abused or neglected, according to the NYS Central Register of Child Abuse and Maltreatment a victimization rate of 18.0 for every 1,000 children. Sexual offenses involving children can lead to the production and distribution of pornographic material. The New York State Department of Criminal Justice reports that in 2012 there were 22 arrests for using a child in a sexual performance (i e play, motion picture, photograph or

dance). More than 100 people were arrested for promoting sexual performances of a child in addition, more than 100 people were arrested for possessing pornographic material involving children.

The Child Pornography Victim Assistance (CPVA) Program is responsible for the notification process for victims of child pornography, which is mandated under the Crime Control Act of 1990 (42 U S.C. § 10607) and the Crime Victims' Rights Act of 2004 (18 U.S.C. § 3771). Victims of child pornography face continued victimization as the images of their sexual abuse are repeatedly downloaded and distributed by collectors of child pornography. These victims are forced to continuously live their abuse and may develop severe psychological consequences, including depression and suicidal thoughts.

This bill would allow the Department of Health to promote the availability of individual, family, and group counseling programs, education programs and advocacy services provided at no cost for victims of sexual offenses and child pornography promotion or possession. Victims of such offenses may need help to overcome the trauma but may not be aware of the availability of assistance programs Promoting the existence of counseling and advocacy programs is fundamental to encourage victims to face their abuse and to recover from the resulting psychological distress. Victims should be proactively informed of the possibility to receive help and assistance.

Prior legislative history

2014: S5502B Passed Senate/A7643-A Referred to Health 2013: Referred to Health/A7643 Referred to Health

Fiscal implications

Nominal.

Effective date

This act shall take effect immediately.