Despite a drawn-out New York State legislative session and budget battle, NOW-NYC successfully took the lead on some critical pieces of legislation to support our agenda of ending violence against women and securing the economic empowerment of women.

The lowdown:  NOW-NYC secured stronger penalties for abusers who strangle, by translating a growing public debate on domestic violence into legislative action.   The bill gives recourse to battered women and sexual assault victims who have faced this extreme form of abuse.   It can take as little as 10 seconds for a victim of strangulation to be rendered unconscious, and death can occur within minutes. Even more disturbing, strangulation often leads to fatal assault.  The Journal of Emergency Medicine found that 43% of women who were murdered by intimate partners had experienced at least one episode of choking before their murder.

The need:  Prior to the passage of this legislation, the agonizing, terrifying and life-threatening act of cutting off someone’s air supply, incredibly, was not a crime unless physical injury was evident.  But choking often leaves few or no visible signs. For that reason, it was a chosen form of abuse for batterers and sexual predators, who knew they could strangle someone and not be charged with a crime.

The results:  The Anti-Strangulation Bill (A-10161/S-6987), sponsored by Senator Eric Schneiderman and Assembly Member Joseph Lentol, passed both the NYS Senate and Assembly.  The bill criminalizes choking, whether or not physical injury can be demonstrated, and it makes choking a felony where physical injury is present.  Choking someone until he or she is unconscious will result in a more serious felony charge.  Abusers who employ this severe form of abuse can now be prosecuted accordingly.
                                                   

The lowdown:  NOW-NYC played a key role in advocating for policy changes that would both create uniform standards for the way that maintenance (formerly known as alimony) is awarded in divorce and make it easier for the spouse with fewer financial resources to cover the costs of representation.  

The need:  Divorce is a difficult issue for families, and women often suffer the brunt of the financial hardship and take on the majority of the child care responsibilities after divorce.  Especially for middle and low income families, the costs of divorce and of attaining a fair settlement can be insurmountable. The Service Fund of NOW-NYC’s HELPLINE answers calls from women needing help with divorce every day, and we know firsthand how devastating divorce can be.

The results:  Two key pieces of legislation have been passed because of the efforts of NOW-NYC and the New York State Post-Marital Income Coalition.  

1)  Interim maintenance guidelines (A10984/S8390) have been established.  One of the biggest "wild cards" in getting divorced in New York State was how a judge awarded maintenance for the less-monied spouse, which is most often the woman. NOW-NYC and the New York State Post-Marital Income Coalition worked to change this paradigm by ensuring that maintenance awards recognize both paid and unpaid contributions to a marriage.  Now, judges will use a predictable formula to determine temporary maintenance awards (which serve as the firm basis for determining final awards).  Women seeking divorce will have a clearer understanding of what maintenance award they can expect. The bill mandates that outcomes that result as part of the new approach will be studied further, to create the best system to ensure fair, transparent, and consistent outcomes for women going through divorce.

2)  A “counsel and expert fees” law has been established to create an even playing field.  In divorce proceedings, the party with the most financial resources usually comes out on top. In an effort to establish fairness between spouses when there is a significant disparity in available resources, this legislation would require the monied party to provide for the legal fees of the non-monied party. The bill introduced would help to alleviate the serious disadvantages faced by those pursuing divorce while lacking the necessary financial resources.

 

Learn More: Ending the Alimony Guessing Game

Reproductive Health Act: Although the bill was introduced in both houses, it was never brought to the floor for a vote.  As advocates for reproductive rights, we will continue our work to promote and protect women’s access to abortion in New York State, and we’ll continue to push forcefully in the coming legislative session to pass this needed bill to strengthen and update New York’s abortion laws.