New York lawmakers propose allowing prior bad acts to be admissible in sexual assault proceedings – KTVZ
New York lawmakers propose allowing prior bad acts to be admissible in sexual assault proceedings KTVZ
sdgtalks
Criminal Procedure Law Amendment Bill Introduced in Response to Weinstein Conviction Overturn
By Gloria Pazmino, CNN
The bill is sponsored by assembly member Amy Paulin, a Democrat who represents parts of Westchester County and has openly shared her experience as a rape survivor.
State Sen. Mike Gianaris, a Democrat who represents parts of Queens, is sponsoring the measure in the Senate, and told CNN the bill is “very much” in response to the April 25 New York State Court of Appeals decision that overturned the 2020 conviction of first-degree criminal sexual act and third-degree rape against Hollywood producer Weinstein.
In last month’s 4-3 ruling, the state’s highest court found the Weinstein jury could have been prejudiced against Weinstein because the judge allowed women to testify about allegations that were not a part of the case. Paulin and Gianaris have said they want this type of evidence legally admissible in court.
Gianaris said the legislation will “clarify that previous sexual bad acts by someone who was charged with a sexual offense can in fact be admitted in their trial to show a propensity to commit that act.”
Support from Survivors and Advocates
Tarale Wulff, a Weinstein accuser who testified at his trial in New York, said Thursday that sexual survivors who come forward are rarely the only victims of their abusers.
“Their assault isn’t an isolated one and their testimony should not be treated as though it is. When there are multiple victims of sexual assault their voices should be heard together and collectively,” said Wulff, a model and voice actor who spoke at a news conference with other sexual assault victims as well as Paulin and Gianaris.
“I kept my assault secret for 12 years. It wasn’t until 2017, when multiple allegations against my abuser surfaced in the news, that I was able to say out loud: That’s my story. The account of these women’s assaults so closely resembled mine and their bravery ignited my own. It was because of other survivors’ voices that I felt safe enough to share my voice and testify in support of seen and unseen survivors everywhere.”
Emily Tuttle, spokesperson for Manhattan District Attorney Alvin Bragg, said the office embraced the push for legislative change.
“Our mission to center survivors includes working to ensure our laws reflect the reality of sexual assault, while protecting the rights of the accused. We are working hand-in-hand with stakeholders to modernize and clarify New York’s laws pertaining to Molineux evidence so prosecutors around the state can better secure justice for survivors,” said Tuttle, referring to the admission of testimony about criminal acts the defendant has not been charged with committing.
Critics and Concerns
Weinstein’s convictions and downfall – he also was convicted of rape and sexual assault in Los Angeles – remain a symbol of the #MeToo movement. Prosecutors in Manhattan have said they intend to re-try Weinstein in the New York case later this year. Weinstein has maintained his innocence and denied all allegations against him.
Weinstein, who recently was transferred to the Bellevue Hospital Prison Ward and later moved back to Rikers Island, is unlikely to be released while he awaits any retrial, because of his 2023 sentencing to 16 years in prison in the California case. That trial similarly used “prior bad acts” witnesses and has also been appealed.
In a brief court appearance Thursday, meanwhile, Weinstein did not waive his right to extradition to California, according to one of his attorneys.
“They are not in a position to extradite Mr. Weinstein because they have not done what they need to do,” attorney Diana Fabi Samson told reporters, adding that California has yet to produce a warrant signed by the governor. She said California has issued a fugitive warrant and “Mr. Weinstein is not a fugitive.”
Weinstein is scheduled to return to court on August 7.
Victim advocates and survivors, including some who testified at Weinstein’s trial, believe the allowance of evidence of prior bad acts in the case helped rightly establish a pattern of behavior.
Attorney Gloria Allred, who represented a woman whose testimony made up the first-degree criminal sexual act charge, told CNN last week she believes legislation is necessary to help clarify the current law
SDGs, Targets, and Indicators Analysis
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 5: Gender Equality
- SDG 16: Peace, Justice, and Strong Institutions
The issues highlighted in the article are related to sexual assault, the rights of survivors, and the need for fair and just legal proceedings. These issues align with SDG 5, which aims to achieve gender equality and empower all women and girls. It also aligns with SDG 16, which focuses on promoting peaceful and inclusive societies, providing access to justice for all, and building effective, accountable, and inclusive institutions at all levels.
2. What specific targets under those SDGs can be identified based on the article’s content?
- Target 5.2: Eliminate all forms of violence against all women and girls in public and private spheres.
- Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
The article discusses the introduction of a bill that would allow evidence of a defendant’s prior sexual assault to be admissible in a sexual assault proceeding. This aligns with Target 5.2 of SDG 5, which aims to eliminate all forms of violence against women and girls. It also aligns with Target 16.3 of SDG 16, which focuses on promoting the rule of law and ensuring equal access to justice for all.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
Yes, there are indicators mentioned in the article that can be used to measure progress towards the identified targets:
- Number of cases where evidence of a defendant’s prior sexual assault is admitted in sexual assault proceedings.
- Number of convictions in sexual assault cases where evidence of a defendant’s prior sexual assault was admitted.
These indicators can be used to measure progress towards Target 5.2 of SDG 5 and Target 16.3 of SDG 16. By tracking the number of cases where evidence of prior sexual assault is admitted and the number of convictions in such cases, progress can be assessed in terms of ensuring equal access to justice for survivors and holding perpetrators accountable.
4. Table: SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 5: Gender Equality | Target 5.2: Eliminate all forms of violence against all women and girls in public and private spheres. | – Number of cases where evidence of a defendant’s prior sexual assault is admitted in sexual assault proceedings. – Number of convictions in sexual assault cases where evidence of a defendant’s prior sexual assault was admitted. |
| SDG 16: Peace, Justice, and Strong Institutions | Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. | – Number of cases where evidence of a defendant’s prior sexual assault is admitted in sexual assault proceedings. – Number of convictions in sexual assault cases where evidence of a defendant’s prior sexual assault was admitted. |
Copyright: Dive into this article, curated with care by SDG Investors Inc. Our advanced AI technology searches through vast amounts of data to spotlight how we are all moving forward with the Sustainable Development Goals. While we own the rights to this content, we invite you to share it to help spread knowledge and spark action on the SDGs.
Fuente: ktvz.com
Join us, as fellow seekers of change, on a transformative journey at https://sdgtalks.ai/welcome, where you can become a member and actively contribute to shaping a brighter future.
