A legislative Column by Assemblyman Will Barclay

Week of May 26, 2014

New Laws Would Punish Stalking, Provide Safe
Harbor for Women

There are a number of measures I sponsor that would expand womens rights and
protections, as well as serve to better protect children. I wanted to highlight a few this week that
would help the punishment fit the crime and also, make it easier for women and children to
access services when in need.

Increase penalties for human trafficking. Human trafficking exploits vulnerable
individuals. Victims of sex and labor trafficking are made to act against their will and, in many
cases, are forced or coerced into committing crimes. While New York has one of the most
comprehensive anti-human trafficking laws in the country, we still need to strengthen penalties
for human trafficking, and better protect minors coerced into prostitution. A bill I support
(A8808) would not only increase penalties but would create an affirmative defense in
prostitution crimes. This would help exonerate the defendant if he or she proves they were forced
into prostitution. The bill would also make it easier for trafficking victims to receive services
from agencies other than law enforcement by enabling victims to reach out to the Office of
Temporary and Disability Assistance, Office for the Prevention of Domestic Violence, or the
Office of Victim Services for help.

Increase penalties for stalking crimes. With so many technological advancements, we
need to update our laws to reflect our changing world. Our laws are currently silent on the use of
technology involved in stalking. In 1999, the state established the crimes of stalking in the first
through fourth degree. Its time we improve on those measures. Stalkers continue to find new
ways to harass their victims with the internet, hidden cameras and caller ID for example. Our
laws need to be updated to include technology as a tool stalkers use to track their victims by
passing A3288.

Protect the parental rights of domestic abuse victims. When abuse is reported, the
child(ren) is removed from his or her home. This law is designed, of course, to protect the child.
Unfortunately, it often stops abuse victims from reporting domestic violence. In the case of
Melinda, whose last name is not used to protect her identity, her husband abused her and
eventually her children for years. She threatened to leave him and report his abuse. He told her
that if she did so, her children would be taken away. Unfortunately, current law does not
adequately protect the victims of domestic violence; children are taken away from the non-
abusive parent until a determination of custody is made or a permanency hearing is held, unless
the court makes an exception. A8490 would provide a safe harbor for abused parents and their
children in cases of domestic violence and allow them to report the abuse without the fear of
their children being removed. The bill also makes provisions to allow custody to the victim
parent if it is in the best interests of the child.

Mandatory jail time for repeat violators of orders of protection. I support mandatory
prison sentences for those who repeatedly violate his or her order of protection of no less than 30
days (A6439). Many victims of domestic violence turn to our court system for relief and seek
orders of protection to stop the violence. Abusers who violate them do not face mandatory jail
time. In fact, all too often, it unfortunately provokes a perpetrator into retaliating against the
victim and the order of protection. Mandatory jail time sends a strong message that orders of
protection must be obeyed and violators will not be tolerated in New York state.

Require counseling for victims of sex crimes. A1999 would require mandatory
counseling for minor victims of sexual offenses. Too often, victims of sexual molestation or
assault do not seek or receive counseling after an abuse. Sometimes a parent feels if the abuse is
forgotten, it is best. The child may suffer behavioral issues later in life as a result. It should be
incumbent on the parent to ensure that counseling is received.

I support these measures and many others in the Assembly that better protect the public.
It is my hope that before session ends that these measures pass so justice is better served and
especially women can be protected from abuse.

If you have any questions or comments or if you would like to be added to my mailing
list or receive my newsletter, please contact my office by mail at 200 North Second Street,
Fulton, New York 13069, by e-mail at barclaw@assembly.state.ny.us or by calling (315) 598-
5185.

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