Amid new reporting on widespread sexual abuse within city jails, New York City Public Advocate Jumaane D. Williams this week called for an independent investigation of the allegations and ultimately, accountability and change to prevent future harm. At a public meeting of the Board of Correction on Tuesday, he highlighted the conduct – allegations of harassment, sexual assault, and rape – the culture that allows for such abuse, and the failure of the city to act on reported cases. He emphasized the danger that this status quo perpetuates for everyone within our jails.
“The fact that the mayor has not unequivocally called for an investigation, or no one in this administration has that I’m aware of, into the allegations made against currently employed officers is extremely troubling….” testified Public Advocate Jumaane D. Williams.”...Sexual assault is never part of a person’s sentence, and we have a legal and moral obligation to protect people in custody from abuse.”
An analysis published recently found that almost 60% of the lawsuits filed under the Adult Survivors Act were filed against the NYC Department of Correction, suggesting the rampant abuse within the department. Such allegations spanned for nearly fifty years, and continued until as recently as last year. Under the current administration alone, about 30 of the individuals who filed lawsuits said they were sexually abused at Rikers within the past five years. At least five guards have been named in lawsuits alleging sexual abuse and assault who are still currently employed by DOC, and none of the guards have faced any disciplinary actions.
“This is unacceptable, unconscionable, and the city must take swift action to ensure that nobody experiences sexual harassment or assault or rape, in our jails,” the Public Advocate stated at the public meeting.
He emphasized the importance of independence in any investigation, noting that “In many cases, the DOC is tasked with investigating their own wrongdoing. It is unreasonable to expect people who have experienced abuse to trust that the agency abusing them can effectively police itself, especially when reports of retaliation for filing complaints are so widespread. Incarcerated people have reported that they fear speaking up about abuse they experience because officers control every part of their lives, and can easily block their visits with family, extend their jail time, or respond with further violence. This makes it even more important that a thorough and independent investigation is conducted.”
Among the potential actions the city could take, the Public Advocate proposed that the mayor could convene a task force, hire an independent attorney or investigative firm, or ask for help from state and federal partners to further investigate.
The Public Advocate closed by stating the need to move swiftly in these matters, saying “The administration’s lack of urgency in addressing this, or any other problem impacting incarcerated New Yorkers is deeply concerning. We must continue speaking loudly about the culture of abuse on Rikers and not allow the mayor and DOC to sweep this under the rug.”
The Public Advocate's full prepared testimony on this topic at the Board’s public meeting is below.
STATEMENT OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS TO THE NEW YORK CITY BOARD OF CORRECTION SEPTEMBER 10, 2024
Good afternoon,
My name is Jumaane D. Williams, and I am the Public Advocate for the City of New York. Thank you to the Board of Correction for holding this meeting today and allowing me to speak about a serious and deeply troubling problem in our jails.
Before that, I cannot speak today without acknowledging the deaths of Anthony Jordan and Charizma Jones. Ms. Jones, who at only 23 years old, would have been eligible to be released this past week if she had survived her time in our city’s care. It’s critical the department does everything possible to ensure no one spends a moment longer than necessary in New York City jails. It’s up to all of this, including this Board to ensure they do so.
In March of this year, an analysis published by Gothamist found that, of the 1,256 lawsuits filed under the Adult Survivors Act, 719—or almost 60 percent—were filed against the NYC Department of Correction. The allegations span decades, from 1976 to just last year, and are appalling, shocking, but, sadly, unsurprising. Not only do the suits detail allegations including harassment, sexual assault, and rape, but also that the department knew about the abuse and failed to act, thereby tacitly encouraging it to continue. And while the administration may shirk responsibility by pointing out that some of these alleged assaults occurred many years ago, roughly 30 of the people who filed lawsuits said they were sexually abused at Rikers within the past five years. Though much of this history precedes the current administration, not rooting out and addressing this known culture encourages this abuse and does nothing to prevent it in the future, endangering everyone in the city’s custody. This is unacceptable, unconscionable, and the city must take swift action to ensure that nobody experiences sexual harassment or assault in our jails.
The mayor is quick to point out that the majority of the incidents alleged in the recently filed lawsuits did not occur under his administration, and this is true. However, at least five guards named in lawsuits alleging sexual abuse and assault are currently employed by DOC, some of whom continue to work in the women’s jail. None of the guards have faced discipline for sexual misconduct. Mayor Adams and his administration has a responsibility to investigate these claims, and not just a moral one—federal guidelines laid out in the Prison Rape Elimination Act requires that allegations of sexual assault be immediately investigated. The fact that the mayor has not unequivocally called for an investigation into the allegations made against currently employed officers is extremely troubling. Further, the Eighth Amendment protects people from cruel and unusual punishment. Sexual assault is never part of a person’s sentence, and we have a legal and moral obligation to protect people in custody from abuse
In many cases, the DOC is tasked with investigating their own wrongdoing. It is unreasonable to expect people who have experienced abuse to trust that the agency abusing them can effectively police itself, especially when reports of retaliation for filing complaints are so widespread. Incarcerated people have reported that they fear speaking up about abuse they experience because officers control every part of their lives, and can easily block their visits with family, extend their jail time, or respond with further violence. This makes it even more important that a thorough and independent investigation is conducted. It is not enough for the Law Department to investigate the claims as part of its duty to evaluate lawsuits against the city—and it is unclear if that is even happening. The mayor could convene a task force, hire an independent attorney or investigative firm, or ask for help from state and federal partners.
The administration’s lack of urgency in addressing this, or any other problem impacting incarcerated New Yorkers is deeply concerning. We must continue speaking loudly about the culture of abuse on Rikers and not allow the mayor and DOC to sweep this under the rug. Everybody is less safe when we allow people to be mistreated.
Thank you.
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