(Scroll down for comprehensive state-by-state chart ranked from best to worst)

Arkansas is ranked the 2nd worst state in the US, per capita, for incidents of rape. CAN is fighting to change their statistic by battling deeply embedded “dark ages” concepts.

Two bills, one defining consent and the other abolishing the Statute of Limitations for the most egregious, Y Felony rape cases, is set for a hearing by the “Judiciary Committee,” next week. Both bills were introduced by Representative Robin Lundstrum.

House bill #1577 will abolish the Statute of Limitations for Y Felony, aggravated, vicious rapes, and enable victims who are not yet willing to prosecute their cases, to have their rape kits processed and retained for the future.

House bill #1141 would define consent as “A freely given, knowledgeable and informed agreement (#FGKIA) by a person who is not physically helpless, mentally defective, mentally incapacitated, or under the legal age to consent.”

What’s the hold-up?

The Judiciary Committee chaired by Representative Carol Dalby is deeply entrenched in the “old ways” of doing things which positioned Arkansas on the bottom rung of the ladder. But despite their poor showing, old methods die hard. Dalby’s introductory statement, when bringing the March 2nd hearing to order, foretold our outcome…. She began with the chant, “That’s alright, that’s okay. We’re going to kill your bill today!”

And indeed they did!

Our consent bill did not secure a majority of votes, even though more legislators voted “yes” than “no.” The bill needed a majority of committee members to pass. The voting results were 8 “yays, “7 “nays,” and 5 “not voting.” “Not voting” prevented a majority decision.

While we lost in round one, we won’t give up! We recognize the need to enlighten law makers and build the public’s demand for change. To quote an important truism, “The sale starts when the answer is ‘No.'” We’re rolling up our sleeves!

Meanwhile….. Repealing the Statute of Limitation comes up next week. In last week’s discussion, Representative Jimmy Gazaway called Y Felony Rapes – Arkansas’s most violent crime against a living person – a “He Said/She Said,” unless there is a rape kit. The state already repealed SOL for Rape Kit cases and for child victims, with or without a rape kit, back in 2015.

Gazaway seems to have lost sight of the fact that rape cases were tried without rape kits for centuries. Currently, childhood rape cases, pursued by grown adults, rarely have rape kits as evidence. The Arkansas prosecutors determine whether there is sufficient evidence and credible testimony to prove a childhood rape case. That same oversight will apply in the prosecution of a violent rape of an adult. In fact several prosecutors showed up and supported #1577 for the initial March 16th hearing. Gazaway’s objection minimizes the most defiling crime that a person could face and is an insult to the competence of the prosecutors of Arkansas.

Why is Arkansas among the lowest of the lows?

We learned from detectives who handle sexual assault cases, very few of their intake officers are trained in trauma-informed interaction with victims. Arrests are made in only 12% of the cases who walk through their precincts’ doors. That means 88% of Arkansas victims have absolutely no hope for justice. Sexual predators get a free pass for offending at least 88% of the time…. and that’s without even considering the victims that simply have no faith in the system and don’t report.

Will abolishing the Statute of Limitations help?

Those of us who are survivors and work with survivors know that coming forward with a rape case takes tremendous bravery. In our present system, without focusing on whether consent took place or not, victims are literally raked over the coals by the justice system. For many, it takes years before they feel strong enough to face their attacker and the glaring eyes of a victim-blaming public. But we will never turn the tide on sexual assault until offenders know that they’ll spend a lifetime wondering when their vicious deeds will catch up to them. Instead, we sentence victims to a lifetime of injustice. Society needs this toxic dynamic to change.

Statute of Limitations indexed by each state’s per capita case ranking

Sixty-five percent of states throughout the US have eliminated the Statute of Limitations for egregious, violent rape cases. 70% of the top ranked states have abolished SOL. Check this list to see where your state stands from best to worst.

Are you interested in repealing the Statute of Limitations and/or defining CONSENT in the laws of your state? Contact CAN at Info@ConsentAwareness.net and sign our petition at http://bit.ly/BillPetition

Read “Your Consent – The Key to Conquering Sexual Assault” to learn more about our laws on sexual assault and how you can help turn your human right of consent into a civil right backed by law!

Just as Roosevelt Islanders felt comfortably secure in Manhattan, the State of NY has thrown us a curveball!

The redistricting map which was approved for the recent Assembly election was vetoed by NY State’s appellate court. While, for now, Assembly Member Rebecca Seawright remains our representative, if the new map prevails, we will have a Queens Assembly Member, not a Manhattan Assembly Member from the 2024 election.

Here is Assembly Member Seawright’s announcement on this issue:

“Commissioners on New York’s redistricting panel recently voted to advance a new proposed map for state Assembly legislative boundaries. I am very disappointed to see that the proposal for our AD76 would eliminate Roosevelt Island and redistrict it to a Queens Assembly District. I am committed to fighting alongside constituents to keep Roosevelt Island where it belongs.

Roosevelt Islanders were so powerful in their testimony during the New York City Council districting process, I believe together we can make an unequivocally strong argument to keep Manhattan’s Roosevelt Island with our Manhattan Assembly District 76. The process for state redistricting requires rigorous scrutiny, consistent with a process that ensures fairness, provides a platform for all voices, and carefully reviews all options.

The next steps are a series of public hearings around the State. The hearing in Manhattan will be on February 7, 2023 at the Hunter College Kaye Playhouse. I urge all concerned to share their views by testifying in person or submitting comments to the Commission directly at www.nyirc.gov/participate.“

Assembly Member Rebecca Seawright

Important steps for Roosevelt Islanders…..

The next meeting to plan the community’s presentation at the NYIRC hearing (at 4 PM on February 7th) will take place Thursday, January 19th at the Senior Center at 546 Main Street, Roosevelt Island, at 7 PM. You do not need to be affiliated with any party or be a registered voter to participate in our resistance to change.

Redistricting our community to Queens spells disaster for several reasons. By NY State’s own redistricting rules:

1. Districts must consist of contiguous territory and shall be as compact in form as possible.
2. The commission must take into account the maintenance of existing districts, pre-existing political subdivisions, including counties, cities, towns, and communities of interest.

Here’s more:

1. Roosevelt Island is located in the Borough of Manhattan. We are an isolated island situated in the middle of the East River. Our transportation links, used daily by our working population and school children, directly connect us to 63^rd Street and 2^nd Avenue, the next stop on the F train, and  60^th Street and 2^nd Avenue, a 3.5 minute ride by tram. Both stops are in District 76, our most contiguous point of connection point.
2. Our tramway is operated by the Roosevelt Island Operating Corporation (RIOC) to link residents with Manhattan destinations. All maintenance, repairs, and capital improvements must be made by this state agency by connecting with mainstream Manhattan authorities. It is not part of the MTA system. Our tramway is a vital transportation link that is used each day by commuters in order to get to work, and by school children, most of whom attend school in mainland Manhattan. It has no connection to Queens and is of no consequence to a Queens Assembly Member.
3. Many of our children go to public and private schools in Manhattan, not Queens. PS/IS 217, the only public school in our community, is only available on a limited basis to children through the 8th grade. Confirmed by the school’s principal, Mandana Beckman, the school can only accommodate 33 6th, 7th, and 8th graders. Therefore, the vast majority of our public, middle school children attend District 2 schools in Manhattan. The mandated DOE District 2 school, which has the highest volume of Roosevelt Island middle schoolers, is Robert S. Wagner Middle School, located in the 76th AD. In addition, PS/IS 217 can only accommodate 15 of our 3K children, and 36 PreK2 children. The majority of our early learners, who PS/IS 217 cannot accommodate, attend DOE District 2 schools in the 76th AD. Our District 76 Assembly Members have all had long, established relationships with schools in our required school district. We need to retain this invaluable Manhattan “community of interest.”
4. Our first responders for emergencies and crimes are NY State Peace Officers employed by the Public Safety Department (PSD), under the unelected management of the Roosevelt Island Operating Corp. They are not employed by the NY Police Department, (NYPD). Since our local policing is managed by RIOC, and operates outside the control of NYPD, we need the combined efforts of our Manhattan legislators to assure proper law enforcement and intervene on the community’s behalf when the need arises.
5. Cornell, a NY State land grand institution, occupies several acres of Roosevelt Island. Two thirds of their land will soon be developed. Our community needs to insure Cornell’s adherence to the policies that were established by NY State, Manhattan Community Board 8, and City Council. We need the strong oversight achieved by having both of our Manhattan-based State legislators working alongside our Manhattan City Council Member and Community Board 8, to support the protections granted in the Manhattan ULURP process for Cornell’s upcoming construction.
6. Since our inception almost 50 years ago, Roosevelt Islanders have established enduring relationships with many Manhattan based communities of interest. Due to our proximity to the United Nations, we have a large immigrant and non-resident population who retain close ties with the United Nations. We have many UN officials, UN staff, and their families living in our community.  The housing quarters for the staff of Cornell Weill Hospital, in District 76, are located on Roosevelt Island. Also, a significant portion of our population work at other nearby Manhattan hospitals in District 76. Many of our residents are actively engaged with religious institutions in Manhattan. Most of our working population commute to Manhattan for employment every workday.

Please take a few minutes to send this important letter:

Subject Line: Opposition to the State proposal for Redistricting Roosevelt Island

To: Members of the New York State Independent Redistricting Commission

Thank you for considering Roosevelt Island’s needs when determining the redistricting map for New York State’s Assembly. I strongly oppose the current proposal which removes Roosevelt Island from Manhattan’s District 76 and places it in Queens District 36.

New York State’s redistricting rules require:

Districts must consist of contiguous territory and shall be as compact in form as possible.

1. Our Manhattan Island’s contiguous territory is Manhattan, not Queens.
2. The proposed change to our district is sprawling, not compact.

The commission must take into account the maintenance of existing districts, pre-existing political subdivisions, including counties, cities, towns, and communities of interest.

1. Roosevelt Island is being severed from long established communities of interest. Our political subdivision is not being respected.
2. The City Charter of New York City recognizes Roosevelt Island as a Manhattan community.

The Constitution of New York State specifically provides two State legislators for each district, a Senator and an Assembly Member. Roosevelt Island, a Manhattan community, has a unique form of local governance. We are governed by an unelected, State appointed Public Benefit Corporation, the Roosevelt Island Operating Corp (RIOC). All of our local services are administered by RIOC, not by New York City. The Board of Directors for RIOC is appointed by and serves at the pleasure of the Governor of NY. Because of this unique relationship with the State of NY, in which our residents do not have a voting voice in their local government, it is imperative that we, a Manhattan community, have the combined efforts of both of our Manhattan based representatives, working together on our behalf, to provide us with responsive and fair dealing by RIOC.

1. Please select no more than 3 issues from
   the numbered list to insert here.
2. Sign your name
3. Write your street address

~~~~~~~~~~~~

• Create your letter and send it as soon as
  possible as an attachment to: https://nyirc.gov/participate.
  Please note- You may have to register first at http://nyirc.gov
• Please send me an attachment of your
  letter as well. jm_short@ymail.com And…….
• Also include the following addresses as cc’s –
  

  blattk@nyirc.gov, breakelld@nyirc.gov, goodwinraabm@nyirc.gov, cameronp@nyirc.gov

  They are Co-Executive Directors:

  Karen Blatt & Douglas Breakell 

  Directors of Public Engagement:

  Miranda Goodwin Raab & Patrick Cameron 

• Sign up today to speak in person at the
  upcoming hearing which will be held at 4 PM on Tuesday, February 7^th,
  at Hunter College, Kaye Playhouse, 695 Park Avenue (on 68^th
  Street between Park and Lexington.) at http://nyirc.gov/meetings
• An in-person meeting for all interested parties will take place here on Roosevelt Island, on Thursday, January 19,  at the Senior Center at 546 Main Street. Please email me at jm_short@ymail.com if you plan to attend. Please indicate “Redistrict Meeting” in your subject line.
• Share this request with every Roosevelt Islander you know!

Schedule to speak at the February 7th hearing at https://nyirc.gov/meetings

For questions, contact me at jm_short@ymail.com.

Thank you for protecting the future of Roosevelt Island!

Sincerely Yours,

Joyce Short

Founder

The Main Street Democratic Club

Proposed Redistricting Map:

There was a time, all too recently, when politicians got to hide their immorality behind a cloak of positive gains for their constituents. New York State’s Governor Andrew Cuomo’s downfall exemplifies the sea change society is experiencing, where rising to public office demands walking the walk as well as talking the talk.

American history is rife with immorality. For centuries, our leaders were lauded despite their extramarital affairs, bigotry, and other immoral/illegal conduct. Only a few short years back, the two leaders of the NY State Senate and Assembly, Dean Skelos and Sheldon Silver, were both tried, and convicted of criminal charges. Two Governors left in shame, Elliott Spitzer and David Paterson.

I vividly recall the arguments between my mother and father at our dinner table when John F. Kennedy ran for President. His skirt-chasing was legendary, long before he was elected. My father argued that personal behavior had nothing to do with his ability to lead.

That was the time we lived in. For constituents with emotional empathy and conscience, those days are gone. We no longer close our eyes and separate the art from the artist.

Leaders must do more than provide gains. They set the standards of morality for our youth. They are the images that our children emulate. When their morality is flawed, they teach our children that bad behavior is acceptable, as long as you “get away with it.” In our techno-universe, information spreads like wildfire, unveiling personal character, and corrupting the character of the next generation.

No question about it…….

Governor Cuomo made monumental gains for New York. From building bridges, improving our commuter system, passing minimum wage requirements, creating marriage equality, and so much more, he was a champion. But he failed to recognize his responsibility to be a person our children could admire and emulate. By ignoring his obligation to secure consent from women who he found attractive, he showed that New York’s failure to correctly define consent in penal law, starts at the top, then trickles down throughout the ranks to legislative dinosaurs just like him.

It’s not only time to part with Governor Cuomo, but to ferret out the additional legislators with the same archaic mindset that prevents “consent” from being clearly defined in our laws!

We need to contact every NY legislator and ask, #WillYouCodifyConsent? Only re-elect those who respond #IWillCodifyConsent!

It’s way past time to make the transformational change that enables our growing generation to comprehend what CONSENT actually means, so we can hand them a world where we’ve conquered sexual assault!

Consent is freely given, knowledgeable and informed agreement. #FGKIA! This definition should appear in every penal code across the US and around the world!

Sign our Change.org petition to enact Bill #A6540A, defining CONSENT in NY’s laws!

If House Bill #5, introduced by Representative Geran Tarr passes, it surely will be! Your chance to stop this archaic, harmful rape mentality from embedding in the penal code of yet another state is tomorrow, April 13th, at 3 PM PST.

The language in Rep. Tarr’s bill states:

“Sec. 6. AS 11.41.470 is amended by adding a new paragraph to read:
(9) “consent” means a freely given, reversible agreement specific to the conduct at issue; in this paragraph, “freely given” means agreement to cooperate in the act was positively expressed by word or action.”

CONSENT is just plain commonsense- and this bill does not accurately define what consent is. Consent is accurately defined in Nuremberg Code, General Data Protection Regulation (GDPR,) and NY State Assembly Bill #A6540:

“Consent is freely given, knowledgeable and informed agreement.” #FGKIA

Please note that consent can only occur when the parties to the agreement have the capacity to reason, therefore, a child who has not attained the age of reason, someone mentally compromised, or incapacitated by drugs or alcohol, is not capable of consent, even if they agree.

Correctly defining consent makes it crystal clear that the offender cannot maliciously extort agreement, regardless of the words and conduct of the victim, and claim that they had the victim’s consent.

It’s time our laws rip off Penal Code’s consent-blinders that make sexual assault the fault of the victim!

HB#5 fails to consider power differentials or deceptions that would cause the victim to act in diametric opposition to their will and their interests. And it fails to consider that the offender knows they have extorted agreement maliciously even when victims, themselves, do not.

Under Rep Tarr’s bill, the defense can argue against coercion and fraud on the basis that the victim’s words and actions signaled agreement. This language is the root of why defense attorneys are able to tear into the character and behavior of the victim to defend their client against rape and sexual assault charges. No other crime on the planet makes the victim responsible for the harm they suffered.

How can you help?

Tomorrow, April 13th, at 3 PM, GMT-8, (Anchorage Time) a live legislative hearing will take place in Alaska on HB#5. You can watch the hearing on this link. Be sure to tap the “Live Now” tab.

You can call the legislature to express your opinion at the hearing . The legislators will be listening. Here are the numbers you can dial, depending on where you are located:

From Juneau & Anchorage- 907-586-9085

From anywhere else- 844-586-9085

You can also email legislators (or phone and email) at house.state.affairs@akleg.gov

Be sure to convey that the words and actions of the victim should never be on trial. The words and actions of the offender, who influenced the decision making processes of the victim, are what constitutes the crime.

Stop consent blindness from becoming Alaska’s law, and help open every state’s eyes to the archaic use of “words and actions” to determine when rape or sexual assault takes place.! Sex crimes happen when sexual predators exploit their victims for carnal contact.

Here is the statement I will be making during today’s hearing if I’m able to secure access. Feel free to use any portion of it in the statement or email you introduce:

“I’d like to thank each legislator for your time and consideration today.

I’m Joyce Short. I am the author of “Your Consent, the Key to Conquering Sexual Assault” and the founder of the Consent Awareness Network. While there is nothing I’d like better than embracing a bill to prevent sexual assault, I cannot support HB5. And the reason is:

HB5 creates a contradiction that will embed rape mentality in Alaska’s penal code.

HB5 correctly defines consent as freely given agreement. Therefore, by its very nature, such agreement cannot be achieved through malice such as force, fear or fraud. I like to call them “the three f-words” than should never take place in sexual conduct.

It is the conduct of the accused, in securing agreement……in other words, did they employ a malicious means to secure their victim’s agreement, which separates sex from sexual assault; not the words and actions of their victim,….. the criteria stated in HB5.

HB5 clearly states the freedom to choose, free of undue influence, and the disregard for this freedom together in the very same provision.

The words and actions of the accused determine whether they committed murder, larceny, kidnapping, theft, and a host of other crimes. By including, in sexual assault law, that the words and conduct of the victim determine whether a rape or sexual assault takes place, HB5 contradicts the premise that consent must be freely given, and instead, blames the victim for their own rape and  defilement.

Agreement from a person who is scared into agreeing is acquiescence. Agreement by a person who is defrauded into agreeing is assent. In fact Missouri’s rape in the 2nd degree statute states clearly that Assent is not Consent when induced by force, duress or deception.

All offenders know whether they are using malice to gain compliance from their victim. The use of Force, fear and fraud is premeditated. It does not occur accidentally. Whether or not the accused used malice to gain access to the victim should be the single determining factor in whether or not they committed a sex crime…… not what the victim said or did that resulted from that malice.

I urge legislators to adopt the definition for consent proposed in Assembly bill A6540 in NY. The identical bill is also awaiting an index number in New Jersey, and has been drafted and awaits introduction in Pennsylvania.

And I further urge legislators to strike the rape mentality that blames victims, not the offender whose premeditated malice stripped them of their self-worth and shattered their trust.

Failure to do so enables defense attorneys to shred the character of the victim on the stand. Removal creates trials in which the conduct of the offender, not their victim, determines their guilt or innocence.

I am readily available to discuss this issue further with any legislator who is interested.

A person’s body is not the offender’s entitlement. It’s where they live. Alaska’s laws should protect the bodily autonomy of every resident or visitor to your great state whether male or female.

Thank you for your time and consideration.”

SUPPORT #A6540 to Define CONSENT in our laws!

Assembly Member Rebecca Seawright recently introduced Assembly Bill #A6540, Defining Consent, in New York’s general laws. This definition should echo throughout the halls of justice in every state and territory across the US and around the world! It will set the record straight on consent in all crimes, place responsibility for sexual assault, rape, and sex trafficking on the shoulders of the offender, and prevent the victim-blaming concepts that have been ingrained in our sexual assault laws for centuries.

Why is this important to you even if you’re not a New Yorker?

All legislation begins because one legislator is brave enough to make a difference! Assembly Member Seawright has stepped up to do so. Once one jurisdiction codifies a code, it opens the door for others to follow and illuminates their path.

Currently, no US state or territory defines the word “consent” in its laws. This deficiency makes prosecuting sexual predators extremely difficult and fails to provide the guidance to hold them accountable. #A6540 not only defines consent in sexual assault, but in every crime covered in penal code, the word “consent” will be recognized as “Freely Given, Knowledgeable and Informed Agreement, #FGKIA.”

A press conference to introduce the bill to media took place at the office of Asm. Rebecca Seawright at 12 noon on the Day of Action, Tuesday, April 6th.

Can you help create this monumental change?

You can log onto the webpage for the bill and give it an “aye” vote. While you’re there- please leave a comment as well!

And there’s more…..

A template is below in support of NY State Assembly Bill #A6540 and Senate Bill #6200. Or simply use this QR. It will send the email for you to the authors in both legislative houses.

Assembly Member Rebecca Seawright for Bill #A6540 . Tap this link to send an email message of your choice or from the template.

Senator James Sanders Jr. for Bill #6200. Tap this link to send an email message of your choice or from the template.

The bills are currently located in the Codes Committees for their respective houses. The members of the Assembly Committee are listed below. It is very helpful to send emails or make calls to them as well.

Every single one of them needs to know YOU support #A6540 and S6200!

Template

April 6, 2021

Dear _______________________________,

I support Bill #A6540, defining consent as “freely given, knowledgeable and informed agreement!

1. The lessons learned from the Weinstein and Cosby trials can fix our broken justice system regarding sexual assault, and this bill creates the needed clarification. No judge should ever refuse to define consent when asked by the jury. This bill provides the accurate definition that will guide behavior and hold sexual predators accountable.
2. The 14^th amendment of the US constitution grants everyone equal protection under the law. Sexual assault laws cannot provide equal protection unless and until every jury defines consent accurately and consistently.
3. The guidance provided by this bill will prevent the blame-the-victim language in our laws that enables defense attorneys to pull apart victims on the stand. It makes clear that the offender’s behavior, not the “words and actions” of the victim, such as their clothing , their prior sexual history, or even their past relationship with the offender, is the determining factor in whether consent occurred because when malice by the offender is present, consent is not.
4. Consent is a word with a definition. The definition does not change based on the application. No matter what you are consenting to, the definition remains the same. If you are consenting to turn your property over to someone, if you consent to taking a Covid 19 vaccination, if you consent to sexual conduct, consent is always freely given, knowledgeable and informed agreement.

Sincerely Yours,