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Gov. Cuomo signs legislation strengthening protections for victims of sexual assault, those who legally change their names

Posted 9/25/15

Governor Andrew M. Cuomo signed legislation strengthening protections for victims of sexual assault and also signed legislation to protect the personal safety of one who legally changes his or her …

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Gov. Cuomo signs legislation strengthening protections for victims of sexual assault, those who legally change their names

Posted

Governor Andrew M. Cuomo signed legislation strengthening protections for victims of sexual assault and also signed legislation to protect the personal safety of one who legally changes his or her name.

This ensures that, in cases where the defendant is convicted of sexually assaulting a family member, the order of protection for the victim extends at least through the end of the defendant's probation term.

Previously, orders of protection often expired while an offender was out of jail but remained on probation.

This bill, (A.1797-A / S.4340-B), requires a 10-year order of protection in cases ‎where a felony sexual assault conviction involving a family member includes probation. In the event of a misdemeanor charge, a six-year order of protection is required. Both terms match the maximum terms of probation orders under these offenses.

“This measure closes a potentially dangerous loophole and will help ensure that victims receive the protections that they deserve,” Gov. Cuomo said. “I'm proud to sign this common-sense legislation into law and I thank its sponsors for their work on this very important issue."

The governor also signed legislation (S.5240 / A.2242) that will help protect the personal safety of those that legally change their name.

By law, any name change must be published in a designated newspaper, however, in certain circumstances waivers can be issued if safety is at risk.

This bill gives courts broad powers to consider a waiver application and makes clear that their discretion is not limited to a direct threat against a person's safety.