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PUBLIC TESTIMONY

Testimony by Konstantin Yelisavetskiy, Managing Attorney at Slater Slater Schulman LLP

3:47:39

·

4 min

Konstantin Yelisavetskiy, Managing Attorney at Slater Slater Schulman LLP, testified about the pervasive issue of sexual assault in New York City jails, particularly at Rikers Island. He highlighted the failure of the Department of Corrections to protect inmates and the low substantiation rate of sexual abuse allegations.

  • Yelisavetskiy's firm represents approximately 1800 survivors of jail and prison sexual assault, including 473 cases from Rikers Island.
  • He criticized the 5% substantiation rate for sexual abuse allegations, arguing it indicates a broken or fraudulent investigation system.
  • The testimony emphasized the need for reform in hiring practices and procedures to prevent the retention of abusers and improve responses to sexual assault reports.
Konstantin Yelisavetskiy
3:47:39
Chair nurse and members of the committee on criminal justice, thank you for the opportunity to testify on behalf of the approximately 1800's latest latest showman clients who are survivors of jail and prison sexual assault in New York.
3:47:52
My name Constantine Yelis Syvetsky.
3:47:53
I'm the managing attorney at Slater Schulman in our New York City office, and I directly oversee the adult survivors act adult survivors act cases.
3:48:02
Our firm is filed on behalf of all these survivors, including 473 cases.
3:48:08
Stemming out of rikers.
3:48:10
We are honored to represent miss Karen Clines and miss Tasha Carter Beasley, 2 courageous survivors who bravely testified before this panel earlier.
3:48:18
We are grateful that the council is paying attention to this problem even though it extends far beyond the borders of New York City.
3:48:25
The pervasiveness of rampant and unchecked sexual assaults by in of inmates by jail employees has been recognized and thoroughly documented throughout the US correctional systems.
3:48:39
In 2003, the US Congress enacted the Prison rape Elimination Act of Priya to establish national standards for preventing and responding to sexual abuse of federal inmates.
3:48:52
Priya requires a strict written policy mandating 0 tolerance towards all forms of sexual abuse and sexual harassment and outlining an approach to preventing, detecting, and responding to such conduct.
3:49:06
The city department of corrections has failed this mandate and failed the women that they were supposed to protect.
3:49:13
These brief survivors of sexual assault were in jail serving sentences decided by our justice system or alternative alternatively awaiting a judicial hearing that would determine their fate.
3:49:26
And what they were given instead were life sentences of trauma.
3:49:29
Earlier today, chair nurse, council member Stevens, council member, Kibana, who's no longer here, Hit the nail on the head.
3:49:38
There's a 5% substantiation rate when investigations are conducted.
3:49:44
By definition, that means 95% of the survivors who are brave enough to report their sexual abuse are not believed.
3:49:52
And people can sit here all day long and tell you that they believe survivors when there's a 5% substantiation rate.
3:49:59
By definition, that means they don't believe 95% of them.
3:50:02
A 5% substantiation rate means that the system of investigating these allegations is either broken or fraudulent.
3:50:12
There is no other explanation for why only 5% of allegations are substantiated.
3:50:19
In addition to the typical evidence of these kinds of cases, including witnesses, We have clients who have been treated for sexually transmitted diseases, including HIV, which they contracted during their incarceration.
3:50:32
We have other clients who were impregnated and had abortions or delivered a child, and the officer's name is on the birth certificate.
3:50:41
I'm approaching the end.
3:50:43
Multiple unrelated clients incarcerated at different times, including misclients, and including miss Carter Beasley, have reported assaults by the same guard indicating a pattern of repeated abuse and neglect.
3:50:56
18 of our clients at Ryker's Island independently implicated a notorious DOC employee who went by the nickname champagne.
3:51:07
You'd also Vibers Act, sponsored by Senator Hoylman and Assembly member Rosenthal, gave my firm and other firms the tool it needed to file cases, but our work all of our work is not done.
3:51:18
There are many factors that deter individuals from filing lawsuits for sexual crimes, or reporting their own abuse.
3:51:26
An incarcerated people face added barriers to justice, including retaliation by correctional staff.
3:51:32
We need to reform and overhaul the practices and procedures to allow New York City jail to hire and retain abusers and to turn a blind eye when sexual assaults are reported.
3:51:44
Thank you very much for your time.
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