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Sep 19, 2023 | Nancy Chen

Where New York Immigrants Can Get Support After Sexual Assault and Harassment

This article provides you with a list of accessible legal and community resources and steps to take if you or someone you know has experienced sexual violence or harassment.

Every sixty-eight seconds a person is a victim of sexual assault in the United States, and it can happen to anyone regardless of age, gender, sexual orientation, race, ethnicity or social group. It might be daunting not knowing where to seek help if you have experienced sexual harassment or assault. Obstacles like shame and cost for legal assistance can sometimes prevent someone from reporting cases of sexual harassment. 

This article provides a list of accessible legal assistance, community resources and information to assist  if you or someone you know has experienced sexual violence or harassment. 

What is sexual violence, assault and harassment?

The Mayor’s Office to End Domestic and Gender-Based Violence defines sexual violence as “any action that results in the loss or removal of sexual autonomy for a person.” It includes, but it is not limited to, sexual harassment or assault, sex trafficking, non-consensual distribution of intimate images and any other non-consensual, forced, or drug-facilitated sexual advances.

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For more details on how New York State defines specific sex crimes, please visit the website of Rape, Abuse & Incest National Network (RAINN), the nation’s largest nonprofit anti-sexual assault organization.

What does “non-consensual” mean? 

Under the New York State Penal Law Section 130.05, lack of consent may result from: 

  1. Forcible compulsion, where someone uses force to make someone do something against their will.
  2. Incapacity to consent, where a person is unable to agree to sexual activity, such as due to intoxication or mental incapacity.
  3. Sexual abuse or forcible touching, where the victim does not clearly agree to the actor’s actions, whether explicitly or through their behavior.
  4. Third-degree rape or criminal sexual acts, where the victim clearly stated they did not consent to sexual activity, and a reasonable person in the same situation would have understood that the victim was not consenting.

People who are unable to give consent include: those under the age of 17; mentally disabled or incapacitated; physically helpless, including being unconscious, asleep or drugged; in police custody, jail or prison; or in some hospital or medical settings.

Note: Sexual harassment can be verbal, physical or pictorial. 

Sexual harassment at the workplace

In a working environment, you have the right not to be retaliated against by your employer if you complain about sexual harassment, according to the New York City Bar’s website

New York State has a list of frequently asked questions and resources for workers, employers and non-employees in a workplace who have been or witnessed sexual harassment.  

Please remember, experiencing sexual violence is NOT your fault. It can happen to anyone regardless of age, gender, sexual orientation, race, ethnicity or social group. Check out NYC HOPE’s website to look for signs of gender-based violence.

Challenges facing the immigrant community

Immigrant New Yorkers face unique obstacles when addressing sexual harassment, due to cultural taboos and lack of resources tailored to their communities.   Some are concerned about not being able to receive services in their native language, Audrey Williams, domestic violence prevention officer and crime victim assistance program advocate at the 5th precinct, said. “It can be very difficult to conceive and discuss sexual violence. And there’s a discrepancy between the cultures of talking about sexual violence in English and in other cultures where sexual violence may not be spoken about as frequently.” 

Williams explained that survivors are concerned about being misunderstood by their community. .  

Concerns about interacting with law enforcement and paying for medical care are also very common among immigrant New Yorkers, especially with undocumented immigrants who often lack access to health services due to their status. Williams, however,  stresses that regardless of your immigration status, you have the right to speak with an advocate, the police or the district attorney’s office to seek information in the language of choice.

What to do after you experience sexual violence?

The first step is to check in with a doctor to seek medical care, Williams said. The purpose of seeking medical care is to have a sexual assault forensic exam, which allows for the preservation of possible DNA evidence for prosecution. People will also receive treatment during the medical examination.

RAINN recommends people not to bathe, shower, use the restroom or change clothes prior to the exam.

However, “it can be really difficult for someone who’s experienced sexual violence to think about evidence,” Williams said. “The most important thing is to get a sense of what you want to do. And if that means taking care of yourself, don’t focus too much on the evidence if that’s too overwhelming.”

 If you have already done any of the above, which is natural after undergoing a traumatic experience, you can still request to perform the exam.

The New York State Division of Human Rights recommends writing down what happened as detailed as possible in a diary and keeping it safe. Keep any potential evidence, including emails and postcards. Writing down what happened to you can be used as direct evidence for the family court to give you an order of protection, said Chen Chen, a Mandarin-speaking attorney at Safe Horizon. If you’re comfortable doing so, you can also share the experience with your trusted friends or family. 

Chen said to report to the police and then to consult with a lawyer of domestic violence. ““A trauma-informed attorney can help (the survivor) determine his or her rights and options in pursuing a family court protection.”

Also read: Domestic Violence Resource List

Organizations and agencies providing services to victims of domestic violence and sexual assault 

National Domestic Violence Hotline

The National Domestic Violence Hotline is available 24/7/365, providing free, confidential support, crisis intervention information, education, and referral services to domestic violence survivors in over 200 languages. They also have a tool to filter the available services. 

Hotline (24/7): 800-799-7233 | Online chat | Text “START” to 88788

New York State Coalition Against Sexual Assault and New York State Coalition Against Domestic Violence has compiled lists of detailed sexual violence and domestic violence support programs based on the area you are in, some of which are included below. 

You can also use the tool by NYC HOPE to filter and search for community resources available to you.

RAINN

RAINN is the largest nonprofit anti-sexual assault organization in the U.S., working with over 1,000 local sexual assault service providers to offer confidential support services. Their hotline and chat services are available 24/7. 

Hotline:  800-656-4673 | Online chat | Sexual harassment hotline: 800-427-2773

RAINN’s app also provides self-care, educational resources and local support services. 

New York City Family Justice Centers (FJC):

NYC FJC connects survivors of gender-violence and their children with organizations providing case management, economic empowerment, counseling and civil and criminal legal assistance.

  • Bronx: 198 East 161st St., 2nd Fl., Bronx, NY 10451 | Phone: (718) 508-1220
  • Brooklyn: 350 Jay St., Brooklyn, NY 11201 | Phone: (718) 250-5113
  • Manhattan: 80 Centre St., 5th Fl., New York, NY 10013 | Phone: (212) 602-2800
  • Queens: 126-02 82nd Ave., Kew Gardens, NY 11415 | Phone: (718) 575-4545
  • Staten Island: 126 Stuyvesant Place, Staten Island, NY 10301 | Phone: (718) 697-4300

District Attorney offices

Safe Horizon

Safe Horizon provides services for victims of crime and abuse, including child abuse and their families. It offers legal and court programs, domestic violence shelters, counseling centers and more. Its hotline offers help in more than 150 languages, including Mandarin, Cantonese and other Chinese dialects. Their hotlines are available 24/7.

Victims of domestic violence: (800) 621-4673 | Victims of crime: (866) 689-4357 | Rape & sexual assault: 212-227-3000 | TDD machine for hearing impaired clients for all hotlines: 866-604-5350

Safe chat service: Monday to Friday, 9 a.m. to 6 p.m., only in English. The chat will be confidential except for special circumstances where you may hurt yourself or others.

Garden of Hope

Garden of Hope provides support to victims of domestic violence, sexual assault and human trafficking or survivors. They create a knowledgeable and supportive community through prevention education. It offers services in Mandarin, Cantonese, Taiwanese, and Fujianese. Appointments are needed to visit their locations in Queens and Brooklyn (call to inquire). 

Helpline: (877) 990-8595 | Phone: (718) 321-8862 | Email: info@gohny.org

Womankind

Womankind (formerly known as the New York Asian Women’s Center) helps survivors of domestic violence, human trafficking, and sexual violence rise above trauma and build a path to healing. The organization provides services in more than 18 Asian languages and dialects with a 24/7 toll-free, multilingual helpline, safe and confidential emergency housing, wellness programs, creative arts therapy, support groups and more.

Helpline: (888) 888-7702 | Text English (929) 207-5907; Chinese (929) 207-5901| 

Manhattan: 9 Mott St., Ste. 200, New York, NY 10053 (Monday to Friday: 9 a.m. to 5 p.m.)

Queens: 86-26 Broadway, 2nd Fl., Elmhurst, NY 11373 (Monday: 9 a.m. to 6 p.m., Wednesday: 9 a.m. to 5 p.m., Tuesday and Thursday: 11 a.m. to 7 p.m., Friday and Saturday: 10 a.m. to 6 p.m.)

Brooklyn: 341 39th St., Ste. 402, Brooklyn, NY 11232 (Monday to Friday: 9 a.m. to 5 p.m.)

Legal services for victims of sexual assault and harassment

New York City Bar

Phone:  (212) 626-7373 | Spanish: (917) 832-1927| Email: lrs@nycbar.org.

Fill out their contact form online for legal services. 

New York Legal Assistance Group

For matters regarding intimate partner violence and sexual assault.

Phone: (212) 613-5000 (Tuesdays 9:00 am to 3:00 pm) or fill out this form.

New York Legal Aid Society 

For matters relating to family, domestic violence and divorce, contact their team in your borough:

  • Bronx: (718) 991-4758 (Monday to Friday, 9 a.m. to 5 p.m.)
  • Brooklyn: (718) 422-2838 (Second and fourth Wednesday of each month, 10 a.m. to 12 p.m. and 2 p.m. to 4 p.m.)
  • Manhattan: (212) 426-3000 (Monday to Friday, 9 a.m. to 5 p.m.)
  • Queens: (718) 286-2450 (Monday, Wednesday, and Friday, 9 a.m. to 11 a.m.)
  • Staten Island: (347) 422-5333 (Monday to Friday, 9 a.m. to 5 p.m.)

** FAQ**

I’m an undocumented immigrant. Can I file a complaint?

Yes. Anyone, regardless of immigration status can file a complaint. 

I experienced sexual violence at school. What can I do?

You may consider filing a complaint with the Department of Education and/or the Office of Civil Rights

What can I expect if I file a claim with the criminal justice system?

RAINN has written a detailed guide on what to expect from the legal procedure.

Chen added that the statute of limitation requires you to bring the lawsuit within a certain time limit. 

I’m not sure if what I encountered is sexual harassment, what shall I do?

It is possible that because of differences in culture and legal system, some victims may not recognize if a crime is committed. “Regardless of who you are and what culture you come from, the most important thing is to check in with yourself. If anything makes you feel uncomfortable and you want some support, you can reach out,” Williams said.

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