Establishes the crime of sexual abuse against a patient or client by a health care provider in the first and second degree; designates such crimes as being class B and E felonies, respectively.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6349
SPONSOR: Solages TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
sexual abuse against a patient or client by a health care provider in
the first and second degree
PURPOSE:
This bill would criminalize sexual assault by a medical provider against
a patient or client.
SUMMARY:
Section 1. Amends the penal law by adding a new section 130.83.
Section 2. Amends the penal law by adding a new section 130.84.
Section 3. Sets the effective date.
JUSTIFICATION:
Medical professionals are entrusted to provide compassionate and effec-
tive care to their patients, maintain high standards of professionalism
and integrity, and promote the health and well-being of those under
their care. Oftentimes, patients receiving care are left in a vulnerable
state, especially when suffering a physical limitation or experiencing
side effects of medication or treatment. This vulnerable state unfortu-
nately leaves patients susceptible to acts of sexual violence and
misconduct.
The Atlanta Journal-Constitution identified more than 2,400 US doctors
publicly disciplined for acts of sexual misconduct involving patients
between 1999 and 2015
1. This statistic does not account for incidents
of sexual violence against a patient that went unreported or was handled
privately. Too often, medical professionals disciplined as a result of
sexual misconduct still hold their right to practice or face minor
consequences for their unlawful behavior
2.
This legislation ensures that medical professionals will be held
accountable for acts of sexual violence against their patients. Addi-
tionally, this bill will increase the severity of the punishment for
sexual abuse against a patient by a healthcare provider in the first and
second degree. New Yorkers put their trust in medical staff to provide
care that serves their best interest, so medical professionals must be
held to a higher standard. Sexual violence in any circumstance is unac-
ceptable and it is vital that we continue to hold offenders accountable.
RACIAL JUSTICE IMPACT:
Women of color experience sexual violence at a higher rate than white
women. Black women, especially, experience sexual assault at a higher
rate than any other racial or ethnic group, with a life time prevalence
rate of 22% compared to 18% for white women
3. While women of color
are more likely to be sexually assaulted, they are less likely to report
the incident. Only 17% of Black sexual assault survivors report their
assault. Reports show that these women refrain from reporting because
investigators do not take the assault seriously
4. Establishing sexual
abuse against a patient by a healthcare provider as a crime in the first
and second degree, respectively, emphasizes just how serious this
conduct is.
GENDER JUSTICE IMPACT:
While people of any gender identity can experience sexual violence,
women and transgender individuals are disproportionately affected by
sexual abuse. 9 in 10 sexual assault survivors are women, and nearly 1
in 5 women have experienced some form of sexual violence
5. Transgen-
der and LGBT individuals are at an even higher risk for sexual abuse. In
2014, the NYS Office of Victim Services reported about 50% of transgen-
der individuals have been sexually assaulted at least once in their
lifetime
6. Unfortunately, many incidents of sexual abuse go unre-
ported due to fear and hopelessness as sexual assault survivors have
historically faced barriers to achieving justice. Further, only an esti-
mated 50 out of 1,000 reports will lead to an arrest
7. Increasing the
severity of this crime ensures that offenders face consequences so
survivors can get justice.
LEGISLATIVE HISTORY:
2021-22: A5555; referred to codes.
2019-20: A7733; referred to codes.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://doctors.ajc.com/doctors_sex_abuse/?ecmp=
doctorssexabuse_microsite_nav
2 https://doctors.ajc.dom/doctors_sex_abuse/?ecmp= doctorssexabuse
micrositenav
3https://www google.com/url?sa=t&rct=j&q=&esrc=s&source= web&cd=&v
ed--2ahlKEwjo2frnW6oP-AhW3F1kFHWJxDFEOFnoECAF.F.
OAOcturl=https%3A%2F%2Fwww.o ip.gov%2Fpdff iles1%2Fnj%2F183781.pdf&u
SfSNX9HKbKZF
4 https ://wxvw.baltimoresun.com/citypaper/bcpnews-why- are-black-wom
en-less-likely-to-report -rape-20150609-storv.html
5 https://www.plannedparenthoodaction.org/issues/sexual-assault
6 hrips://www.svfreenyc.org/research/
7 https://www.rainn.onestatistics
STATE OF NEW YORK
________________________________________________________________________
6349
2023-2024 Regular Sessions
IN ASSEMBLY
April 5, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
sexual abuse against a patient or client by a health care provider in
the first and second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding two new sections 130.83
2 and 130.84 to read as follows:
3 § 130.83 Sexual abuse against a patient or client by a health care
4 provider in the second degree.
5 1. A person is guilty of sexual abuse against a patient or client by
6 a health care provider in the second degree when:
7 (a) he or she is, or holds himself or herself out to be, a health care
8 provider or mental health care provider; and
9 (b) engages in sexual contact with a patient or client during the
10 course of diagnosis, counseling, or treatment; and
11 (c) consent to such sexual contact was procured by a false represen-
12 tation that such contact was for a bona fide medical purpose.
13 2. Conduct performed for a valid medical purpose does not violate the
14 provisions of this section.
15 Sexual abuse against a patient or client by a health care provider in
16 the second degree is a class E felony.
17 § 130.84 Sexual abuse against a patient or client by a health care
18 provider in the first degree.
19 1. A person is guilty of sexual abuse against a patient or client by a
20 health care provider in the first degree when:
21 (a) he or she is, or holds himself or herself out to be, a health care
22 provider or mental health care provider; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10651-01-3
A. 6349 2
1 (b) knowingly induces a patient or client to engage in sexual inter-
2 course, oral sexual conduct, or anal sexual conduct during the course of
3 diagnosis, counseling, or treatment; and
4 (c) consent to such sexual intercourse, oral sexual conduct, or anal
5 sexual conduct was procured by a false representation that such act was
6 for a bona fide medical purpose.
7 2. Conduct performed for a valid medical purpose does not violate the
8 provisions of this section.
9 Sexual abuse against a patient or client by a health care provider in
10 the first degree is a class B felony.
11 § 2. This act shall take effect immediately.
