New Victim Compensation and Protection Laws Go Into Effect In New York
The laws significantly expand protections for victims of crimes that were previously only available to victims with significant physical injuries. The laws also target financial abuse, aiming to expand the ability of victims to protect themselves against identity theft, fraud and other crimes that often co-occur with domestic abuse.
Three new laws in New York centered around protections and financial assistance for crime victims are now in effect. The laws significantly expand protections for victims of crimes that were previously only available to victims with significant physical injuries. The laws also target financial abuse, aiming to expand the ability of victims to protect themselves against identity theft, fraud and other crimes that often co-occur with domestic abuse.
“Here in New York, we support victims in every way possible and we will continue to adapt our laws in order to keep New Yorkers safe,” Governor Hochul said in a press release announcing the effective date of the laws.
In particular, one new piece of legislation in New York expands protections for victims of “revenge porn,” and allows anyone who files a claim with the state Office of Victim Services starting this week to seek compensation for some crime-related costs if they are the victim of previously ineligible crimes: revenge porn, or unlawful dissemination or publication of an intimate image, and first or second-degree reckless endangerment.
Survivors of interpersonal and domestic violence are also now able to use new documentation and information to prove identity theft, and creditors must consider documentation of victims of financial crimes or coercion before pursuing a debt.
“Over 99% of domestic violence victims experience financial abuse, including forced debt and identity theft,” Kelli Owens said. Owens directs the Office for the Prevention of Domestic Violence.
“These new laws increase access to critical financial resources for survivors of gender-based violence so that they can heal and regain economic stability.”
The New York Office of Victim Services facilitates compensation for victims of crimes who do not have other resources to pay for crime-related expenses.
Victims of revenge porn may now seek compensation for crime-related expenses like counseling, moving expenses, repairs or replacements of important personal property and can apply for reimbursement of loss of earnings related to their case. For victims of reckless endangerment, they are no able to request compensation for counseling and reimbursement of loss of earnings, but also for costs of securing a crime scene and crime scene cleanup.
Creditors are now also required, based on an amendment of New York’s General Business Law, to consider statements, court documents and reports of identity theft by victims of coercion before they can pursue collection of a debt, in a law change meant to protect victims of financial crimes from debt collection while crimes against them are being investigated.
“With these amendments going into effect, victims have expanded access to resources that are necessary to get back to their lives,” Office of Victim Services Director Elizabeth Cronin said.