Effective October 9, , all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees see below for more details on specific requirements and deadlines. After issuing draft documents in August, the State has now issued final model policy and training documents, as well as FAQs and additional guidance on the new laws, which are summarized below. Employers are required to adopt and distribute to employees written sexual harassment prevention policies that are compliant with the new law by October 9, In response to a number of comments submitted on the draft policy and FAQs issued in August, the State made the following notable changes to the final documents issued on October 1 :. The final FAQs also state that if an employer has already established investigative procedures that are similar to those provided in the State model in that they provide for a timely and confidential investigation of complaints in a matter that ensures due process for all parties , the employer need not expressly adopt the investigative procedure set forth in the State model. That said, employers must nevertheless outline their investigative procedures in their policy document. Employers must provide employees with a copy of the policy in writing or electronically, and if made available electronically, employees must be able to print a copy for their records. The State has also finalized its model complaint form , for employees to use when reporting incidents of sexual harassment. Though largely similar to the earlier draft complaint form, the final form contains a few notable updates: 1 the form does not ask whether the individual has filed a claim with a government agency or a lawsuit in connection with the complaint; and 2 nor does the form ask whether employees have hired an attorney though it does still provide the opportunity to share contact information for a legal representative if the employee has such representation.
Chapter 76 of the Laws of 2015, “Enough is Enough” Annual Aggregate Data Report
On June 19 th , the New York State Senate and Assembly voted to pass omnibus legislation greatly strengthening protections against sexual harassment. The legislation is the product of two legislative hearings that took place early this year, inspired by a group of former legislative staffers who have said they were victims of harassment while working in Albany, NY. The bill includes several provisions directly affecting private employers.
The law state that any person over the age of 21, who has sexual intercourse with an individual under the age of 17 commits rape in the third.
New York State does not recognize common-law marriages as valid. Such marriages were abolished in New York since However, if you have a common-law marriage from another state in which it is deemed legal and valid, that common-law marriage will recognized by New York State as valid in the state in which it was deemed legal. There are about twelve states and the District of Columbia which allow common-law marriages. The requirements vary from state to state, including the prerequisites for verifying the validity of these types of marriages.
Based on family law in New York State, the court will recognize New York common-law marriages from other states. As an example, all you need to do is to demonstrate minimal contacts with a state that recognizes common-law marriage in order for New York to active that law from the other state. Precedent of legal decisions in NY, have interpreted liberally those requirements shown for a valid out-of-state common-law marriage.
These precedent cases in New York found that all a couple has to do was to create a common-law marriage during a short-term stay in a state permitting common-law marriage. In this case, in determining the legitimacy of a common-law marriage from another state, New York State applies the law of that state in which the marriage was contracted.
Patients Care and Consent for Minors
This legislation relates to the establishment of sexual assault, dating violence, domestic violence and stalking prevention, and response policies and procedures. All institutions are required to submit, annually, to the New York State Education Department, aggregate data on reported incidents of sexual violence and their adjudication and handling. NYSED developed the regulations in consultation with the higher education sectors and created an electronic reporting mechanism for annual data submissions.
New York State’s Human Rights Law Will Now Apply to All Employers. As written, the Effective date: days after enactment. Eliminates The.
In New York, the age of consent for sex is 17 years old. This applies to men and women, and applies to both heterosexual and homosexual conduct. However, as in many other states, New York has allowances for minors who are below the age of consent but are close to the same age. It is not meant to punish individuals who are close in age for engaging in consensual, non-exploitative sexual conduct.
The close-in-age exception applies in New York in the older person is less than four years older than the minor and the minor. In New York, if you are 21 years old or older and have sex with someone under 17 years old and the close in age exception does not apply, then that can be considered a criminal sexual act in the third degree which is a class E felony.
A class E felony prison sentence is a minimum of 3 years and a maximum of 4 years. It is considered rape in the second degree if someone older than 18 years old has sex with someone under 15 years old. Rape in the second degree is a class D felony and carries a prison sentence up to 7 years.
Sexual Harassment Training New York
Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality. Institutions may substitute another relevant term having the same meaning, as appropriate to the policies of the institution.
gender-related violence in New York State from to By focusing on this women. For what the mid-century law of date rape made clear was that.
Emergency Medical Services EMS providers are often presented with patients who are considered by law to be minors. In the prehospital situation the issue at hand is not usually providing care but rather the failure to treat. Under this section of Public Health Law, a person who is eighteen or older may give effective consent for health care.
Enabling certain persons to consent for certain medical, dental, health and hospital services. Any person who is eighteen years of age or older, or is the parent of a child or has married, may give effective consent for medical, dental, health and hospital services for himself or herself, and the consent of no other person shall be necessary. Any person who has been married or who has borne a child may give effective consent for medical, dental, health and hospital services for his or her child.
Any person who is pregnant may give effective consent for medical, dental, health and hospital services relating to prenatal care. Medical, dental, health and hospital services may be rendered to persons of any age without the consent of a parent or legal guardian when, in the physician’s judgment an emergency exists and the person is in immediate need of medical attention and an attempt to secure consent would result in delay of treatment which would increase the risk to the person’s life or health.
Anyone who acts in good faith based on the representation by a person that he is eligible to consent pursuant to the terms of this section shall be deemed to have received effective consent. So long as the individual is a minor, the presumption is that he or she is not emancipated and the burden of proof rests on the individual asserting it.
Other governmental agencies, such as law enforcement, mental health or corrections, may have legal definitions for individuals under eighteen that describe specific rights or responsibilities. Unfortunately, these do not impact health care decisions including the ability to consent or refuse care in the prehospital setting.
Cuomo: Make Sex Offenders Disclose Dating, Gaming User Names
In New York, the age of consent for sexual relations is 17 years old. However, if the parents do not step forward, often the state will. The charge of statutory rape New York Penal Law Statutory rape is a serious sex crime, and can bring severe penalties if you are convicted. If you have been charged with statutory rape, forcible touching New York Penal Law Penalties may include jail time, heavy fines, and the possible requirement to register as a sex offender.
local law seventy-six of the laws of the city of New York for nineteen hundred sixty- regulations in effect after such date, and the owner elects to comply with the.
This article details the current requirements under New York State and New York City sexual harassment training laws, including legislation enacted in and , and updated guidance issued by New York State in October and New York City in January By October 9, , all employers should have provided sexual harassment training to all employees located in New York State.
Going forward, employers must provide sexual harassment training to all employees each year. All companies that bid on contracts with the New York State government must submit an affirmation that they have a sexual harassment policy and have provided sexual harassment training to all employees, even those not located in New York State.
Court decisions and regulations from around the country have made clear for years that all employers should provide harassment prevention training. The New York State law:. Employers in New York City must provide sexual harassment training to all employees and interns by December 31, , and then must retrain each calendar year. On January 11, , the sexual harassment training requirement in the New York City Human Rights Law NYCHRL was expanded in scope to include the requirement to train not just employees and interns but also independent contractors and freelancers.
NY State Legal Definitions
The New York Age of Consent is 17 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 16 or younger in New York are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. New York statutory rape law is violated when a person has consensual sexual intercourse with an individual under age under age 17, who they are not married to.
Cuomo to support closing what he calls a loophole in the New York Penal Code. Scroll down to read the letter in its entirety. In an exclusive interview with the I-Team, Vance said Cuomo has yet to formally respond to his letter, but he is looking for lawmakers in the State Senate and Assembly to sponsor legislation that would close the loophole. Rich Azzopardi, a spokesman for Governor Cuomo, declined to specifically address whether Cuomo believes there is a loophole in the rape law.
We look forward to engaging with the legislature on this issue. One woman, who asked to remain anonymous because her rape allegation was not pursued by the Manhattan district attorney’s office, said it makes no sense to let sexual predators off the hook simply because their victims voluntarily consumed alcohol. Vance’s letter lobbying for a tougher rape statute came in April of , after the prosecutor had already fielded years of jabs from critics who say he hasn’t been tough enough on powerful men accused of sexually assaulting women.
At the beginning of his tenure as district attorney, Vance made the controversial decision to drop charges against Dominique Strauss Kahn, the former head of the International Monetary Fund, who was accused of sexually assaulting an employee inside a Manhattan hotel. Later, Vance was again criticized for a decision not to bring sexual assault charges against Harvey Weinstein after an Italian model recorded the movie mogul apparently admitting to unwanted sexual contact.
In both of those cases, Vance said he could not prove the allegations beyond a reasonable doubt. More recently, Vance’s office was criticized after an assistant district attorney supported Jeffrey Epstein’s bid for a less restrictive sex offender designation. Vance’s office has said the assistant district attorney was of unaware of the support for Epstein, and that it was a mistake to intervene in the case.
Dan Quart, a Democratic New York Assembly member who has been a frequent critic of Vance, said the letter about the voluntary intoxication rape loophole seems like justification for Vance’s previous decisions to avoid tough cases. That my hands are tied.
Common Law Marriages
Organizations that support survivors are still providing help. Get help for workplace discrimination, family law, violence or sexual assault, healthcare, and more. Nonconsensual image sharing, also known as revenge porn, is one place where the digital age and misogyny meet. Our laws are still catching up, but there are ways to fight back against this form of cyber sexual abuse.
Almost every state in the U.S. has laws protecting victims of nonconsensual Make sure the screenshot includes the date, time, and the URL of the website.
Legally, domestic violence is more complicated to define because there is no specific crime of “domestic violence” in New York State law. Whether it is a victim’s husband or a stranger who assaulted her, the elements of the crime are the same. However, the way the offense is addressed by the courts is in fact, somewhat different, depending on the relationship of the victim to the abuser. Domestic violence is handled through the criminal courts and the Family Court as a “family offense.
Victims who meet this definition may go to criminal court to seek an order of protection and have the abuser prosecuted, or they may go to Family Court for an order of protection, services, and assistance with custody and child support. Individuals victimized by an intimate partner who does not meet the definition of family member, such as a boyfriend or same-sex partner, can only go to criminal court for legal assistance.
In addition, mandatory arrest, which applies when an abuser violates an order of protection or commits certain other offenses, is only applicable when a case involves individuals who meet the family definition. Many police departments in New York State, however, use an expanded definition of family when making mandatory arrest determinations.
This provides greater protection to victims who fall outside of the New York State definition, although these victims still do not have access to Family Court. Domestic violence is a pattern of coercive tactics that can include physical, psychological, sexual, economic, and emotional abuse, perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control.
Domestic violence occurs in all kinds of intimate relationships, including married couples, people who are dating, couples who live together, people with children in common, same-sex partners, people who were formerly in a relationship with the person abusing them, and teen dating relationships. Skip to navigation Menu Vassar search Search button. Home Information Policies and Laws.
New York State Law
If you are a domestic violence victim, you have certain housing rights under federal, New York state and, if applicable, Westchester County laws. Despite the law’s name, it applies to every gender. It is also the law in every state. Under this law:. You cannot be rejected when you apply for federally subsidized housing because of domestic violence, dating violence, sexual assault or stalking in your circumstance.
A WMC victim may be a victim of computer crime under New York law if the felony defined in the laws of this state or any offense defined in the laws of any other occasions on the same date without her knowledge, permission or authority.
Note: This article was updated on August 12, to incorporate effective dates now that the bill has been signed into law. The new legislation builds on the sexual harassment reforms that the state implemented over the course of This article provides the key takeaways for employers with any personnel based in New York. Note that the effective dates of these provisions vary, as does the degree to which they apply to existing claims versus those filed after the August 12, enactment date. The above changes will take effect October 11, for claims accrued and filed on or after that date.
While the new law has been widely publicized as focusing on sexual harassment claims, the actual legislation will affect harassment, discrimination and retaliation claims of all kinds as well as employer compliance programs across the board. We will continue to address the practical implications of this new legislation over the coming days. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Subscribe RSS Updates. Skip to main content. Littler Mendelson P. Employers of all Sizes are Covered. Previously, except with respect to sexual harassment, only employers with four or more employees in New York were covered.