vsu204

 

This piece examines New York City’s public resources for migrants facing sexual violence (SV), assessing their effectiveness and exploring how justice and response systems can better reflect migrants’ voices, experiences, and definitions of liberation; calling attention to the need for community-driven, culturally specific approaches in public resource design for sustainable SV prevention and response.

 

Abstract 

This research examines the experiences of migrant communities in New York City (NYC) using public sexual violence (SV) resources, emphasizing the need to reshape justice and response systems to reflect migrants’ voices, experiences, and definitions of liberation for effective and sustainable SV prevention and responses. Secondary data analyzes existing literature on SV prevalence in NYC migrant communities, focusing on demographic trends, public resources at the New York Mayor’s Office of Immigrant Affairs, and the various impacts of SV. Primary data is collected through semi-structured interviews with professionals working directly with migrant populations affected by SV. The term “migrant” encompasses asylum seekers, refugees, and individuals under non-immigrant status. Research analysis of interview transcripts uses a thematic lens, and in doing so, several barriers to accessing SV resources in NYC are identified, including pre-existing trauma, legal status, language, intimate partner violence (IPV), cultural norms, and discrimination. Research findings underscore the necessity for culturally specific responses, intersectional approach systems, context-specific aid frameworks, sustained partnerships with local non-governmental organizations (NGOs), strengthening financial self-sufficiency, and community-based practices as fundamental for enhancing the effectiveness of SV resources. This study outlines the importance of amplifying marginalized voices and needs by identifying the challenges and opportunities in SV resource provision. Although findings are thematically categorized, significant intersections exist between influences, responses, and historical context. This research contributes to the ongoing discourse on migrant welfare and the imperative for community-driven and culturally specific approaches to be integrated into current public resources. Funding to improve SV resources is essential and should be directed toward existing public services and NGOs in NYC that employ creative, survivor-centered approaches, with each step and decision guided by the needs and voices of migrant communities.

 

Introduction 

Between the spring and summer of 2023, over 90,000 migrants arrived in NYC, the majority from regions of violence and political unrest, where 90-95% of SV cases go unreported (Chang, 2023; UNPD, 2022). Sexual violence is any sexual act or attempt to obtain a sexual act using coercion directed at a person’s sexuality, regardless of the perpetrator’s relationship with the victim or the setting (WHO, 2024). It is necessary to look at how different types of SV impact people psychologically and physically and what current NYC public resources look like when responding to trauma, such as nonimmigrant status visas (T visas) and U nonimmigrant visas (U visas). T visas apply to survivors of human trafficking, while U visas are for survivors of specific crimes (e.g., abduction, prostitution, rape, blackmail). Both visas allow survivors to live and work in the U.S. for up to four years (USCIS, 2024; DHS, 2024). 

If SV goes unaddressed, victims are susceptible to dangerously high rates of substance abuse, depression, phobia, obsessive-compulsive disorder, panic disorder, and suicidal ideation, regardless of demographics (Campbell, 2009). Trauma resulting from displacement is “compounded by levels of gender-based violence (GBV), especially SV, women and girls face in conflict zones, during flight or in refugee camps, and during resettlement” (API, 2020). It is imperative to protect and meet the needs of SV victims who are beginning their new life in NYC to achieve their full potential and be respected as assets to the community. 

Research Question 

Are there SV resources available for asylum seekers, refugees, and those under non-immigrant status arriving in NYC, and what are the effective responses to current barriers in accessibility? 

Data Findings 

Identified barriers to accessing Current NYC Resources: 

• Unaddressed Trauma Before Arriving In NYC 
• Legal Status 
• Language 
• IPV 
• Cultural Norms/Gendered Power Dynamics 
• Discrimination Based On Race, Sexual Orientation 

Identified Priorities or Shifts in Current SV Resources: 

• Culturally Specific Responses 
• Context-Specific (Bottom-Up) Approach To Aid And Research 
• Leadership/Long-Term Relationships With Local NGOs 
• Financial Self-Sufficiency
• Community-Based Practices 
• Creative Responses 

Context and Impact of Sexual Violence on NYC Migrants 

Demographics of Migration and Sexual Violence in NYC 

The United States (U.S.) currently has the highest levels of immigration since the turn of the twentieth century, with 13.6% of the population being foreign-born (American et al., 2024). In NYC, immigrants comprise 36% of the population and 43% of the workforce (Comptroller, 2024). NYC’s undocumented population is made up of roughly 835,000 people, with 45% (376,000 people) being women (MPI, 2024). SV persists as one of the most underreported crimes in the U.S., with someone being sexually assaulted every 2.5 minutes with the overwhelming number of victims being women and perpetrators being men (Mindlin, 2011). 

An estimated one to four women out of every six have been raped in the U.S., with Native American women having a three times higher risk of rape than non-native women and 54% of victims being 18 or younger (Mindlin, 2011). NYC is financially impacted by the costs of criminal justice, medical care, mental health, and crisis service fees related to SV (National Center for Injury Prevention and Control, 2003). In 2024, New York State allocated $148.18 million to SV services, and public and NGO organizations receiving government funding recommended a budget increase to $366.85 million by 2025 (New York State, 2024). 

Sexual Violence Before Arrival in NYC 

Individuals leaving regions of conflict face substantially higher risks of experiencing SV both before migration and upon resettlement in NYC. Many carry unaddressed SV trauma from war, IPV, or abuses in refugee camps. In NYC, migrant women bear dual burdens: SV trauma and non-citizen status, compounded by cultural adjustment, language barriers, and uncertainty about their rights/resources (Mindlin, 2011). 

Globally, one-third of women, equating to over one billion, have faced physical violence or SV within their lifetime (Milewski, 2021). Reporting SV in conflict is extremely challenging as the “rule of law is often weak, and environments of impunity embolden perpetrators. The stigma survivors face is also a deterrent” (UNPD, 2022). A 2022 United Nations (UN) survey on women’s security found that for every reported case of SV, 10–20 cases go unreported; in 2021, 3,293 UN-verified conflict-related SV cases were documented, with an estimated 32,930 to 65,860 unreported (UNPD, 2022). NYC migration services must establish appropriate and effective mechanisms to address SV for migrants who have faced previous SV or continue to experience SV in the U.S. 

There are no “formal justice systems, and crime and power-based violence pervade with impunity; women are terrified to seek help from those who oversee the refugee camps” (Brito, 2022). Joanna Christopolos, a researcher of Syrian refugees in Greece, stated that the female refugees in Lesbos had to prove they were in a vulnerable situation to be granted asylum and were confined within a culture where admitting to SV is an act with shame and stigma (Christopoulos, 2024). Lack of relational capacity with NGOs and minimal to no police assistance due to the women’s legal status made reporting SV counterintuitive to receiving help. 

The Impacts of Sexual Violence

Health consequences that follow SV look different for each person but commonly include reproductive, physical, and psychological impacts, with some being fatal (Rivara, 2019). If SV trauma goes untreated, the survivor will likely experience long-term health effects with negative impacts on professional and educational opportunities (Miles, 2022). One in three migrants suffer from high rates of anxiety, post-traumatic stress disorder (PTSD), and depression (IRC, 2023). Understanding the long-term consequences of unaddressed SV trauma is crucial. 

The countless journeys migrants have taken to arrive in NYC reflect the city’s very essence—a city built by immigrants, where migration is a vital and integral part of our communities, culture, economy, and way of life. Migrants navigate landscapes of violence, systemic oppression, and exploitation; these struggles echo the history of what made NYC great, obliging us as New Yorkers to support migrants (Quinn, 2024). Mitigating the specific vulnerabilities migrants face is the responsibility of NYC’s public services and is integral to the city’s prosperity. 

NYC Public Resources 

All available SV resources fall under the Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV), a public service that provides criminal justice, civil legal, and social service assistance for those facing GBV (NYC Hope, 2024). NYC has established free public SV services for migrants through the NYC Family Justice Center; these services respond to IPV, human trafficking, stalking, and elder violence. The services are provided regardless of legal status, age, income, language, sexual identity, and gender identity (NYC Hope, 2024). Additional resources include: 

• Applications For Housing
• Food Vouchers
• Job Referrals
• Legal Services (Custody, Child Support, Immigration) (NYC Hope, 2024).

Identified Barriers to Current NYC Resources 

T and U Visas 

Claire Thomas, a civil law attorney, director of the Asylum Clinic, and assistant professor at New York Law School, identified the following barriers when applying for T and U visas: severe impacts on mental health when recalling details of traumatic events in prolonged legal proceedings, long wait times, and the need to surpass the yearly cap. She states that “sadly, there’s a lot of people who are victims of crime, which means it’s a very oversubscribed type of visa; I have clients who applied in 2017 who are still waiting” (Thomas, 2024). U visa barriers arise when police enforcement and legal policies, as well as practices described on paper and published on public domains, are inconsistent with the practices enforced on the ground. A study by Dr. Giselle Hass, an independent researcher and consultant at Georgetown University, focused on the systemic barriers in U visa cases and examined the differences between successful and unsuccessful cases (Hass, 2014). Hass found that most barriers are connected to actions in police enforcement that undermine the criminal investigation process; such barriers are listed below: 

• Slow response times from police officials 
• Inaccessibility to a qualified interpreter 
• Giving warnings to IPV abusers rather than arresting them on the scene 
• Failure to collect evidence on the crime scene 
• Using tactics of persuasion to convince victims not to file reports 
• Solely interviewing the abusers on the scene 
• Failure to report or document cases of SV or stalking 
• Failure to inform survivors of self-petitions 

New York City Law Enforcement

In 2014, 9.6% of SV cases in NYC with a migrant victim had no police report, even when in 60.8% of these cases, the victim had visible physical injuries. In 10.4% of cases, when the victim called the police for help, no report was made, and within these cases, 83.4% had visible evidence of abuse (Hass, 2014). The New York Police Department (NYPD) receives 230,000 incidents of domestic violence annually and roughly 600 calls per day (NYPD, 2024).

In many cases, the certification policies and practices performed by law enforcement are inconsistent with the Mayor’s Office to ENDGBV, which are the policies the NYPD Special Victims Division (SVD) is trained to follow. The SVD is a division of the NYPD, made up of 300 individuals responsible for investigating cases of SV (NYPD, 2024). The NYPD claims that all individuals are trained to be “trauma-informed, victim-centered, and offender focused, to ensure survivors of these crimes receive the care and assistance they need while reporting sex crimes and engaging in the criminal justice process” (NYPD, 2024). 

These policies lack resource material, have inconsistent policies on U visas, and are contradictory to the Trafficking Victims Protection Act (TVPA) and the congressional goals of the Violence Against Women Act (VAWA) (Hass, 2014). VAWA is the federal law that is responsible for services and protection of women experiencing violence; a section of VAWA is dedicated to immigration relief through the provision of green cards for immigrants facing GBV (DOJ, 2014). The primary congressional goals of VAWA include collaborations between health, private, research, educational, and social agencies, changing public attitudes, and responding to the needs of the victim (Congressional et al., 2019). The central policies in the Trafficking Victims Protection Act concerning victim protection include protecting victims from deportation, providing civil right of action for victims to pursue legal actions, and clearly defining human trafficking to the victim with services available (ABA, 2024). 

The Department of Justice (DOJ) is the federal government’s primary legal agency, which oversees the NYPD. The DOJ and NYPD are subject to following TVPA and VAWA regulations, including victim-centered policies, staff training on access to immigration benefits, and coordinating investigations and prosecutions of perpetrators (DOJ, 2024). In 2022, the DOJ began an investigation on the NYPD Special Victims Division (SVD) due to  “deficiencies at SVD that have persisted for more than a decade, depriving survivors and the public of the prompt, thorough and effective investigations needed to protect public safety” (DOJ, 2022). Deficiencies include using shame and abuse towards survivors rather than conducting basic investigative steps, causing re-traumatization (DOJ, 2022). While DOJ investigations typically last 12 to 18 months, as of 2024, there have been no public announcements on the completion of its investigation into the NYPD’s Special Victims Division (DOJ, 2024). Additionally, the DOJ has not explained the delay, an expected completion date, or an action plan for implementing the required changes.

The DHS’s Immigration and Customs Enforcement (ICE) conducts ‘raids,’ which are when law enforcement enters homes, communal spaces, or workplaces unexpectedly to arrest migrants who do not have lawful status (Constitutional Rights Foundation, 2016). ICE must legally abide by the U.S. Constitution, which calls for the equal protection of all people and fundamental rights of all, regardless of skin color. Nevertheless, ICE violates the Constitution in “the context of immigration raids, where ICE agents selectively target predominantly Latino neighborhoods and worksites” (ACLU, 2024). ICE raids exacerbate GBV by deterring migrant victims from seeking help, fearing deportation, which abusers often exploit to maintain control. It is crucial to establish better immigration practices through building trust and collaborative efforts among legal experts, NGOs, advocates, and law enforcement. The following are recommended methods for achieving this: 

• Providing transportation for victims isolated by IPV cases
• Develop partnerships and increase funding so that pro bono law firms can assist in responding to the growing need for the representation of migrant victims (Hass, 2014)
• Receiving program approval from the VAWA office for Grant Adjustment Notices allowing for the transfer of funds from LAV to U visa cases (Hass, 2014) 
• Training for consulates on VAWA and U visas to provide victims with duplicate identification paperwork if their documents have been destroyed by abusers (Hass, 2014) 

NYC Law Enforcement Recommendations: 

• Police must respond and report SV cases the moment they are reported 
• Victims are interviewed separately from the abuser
• Interviews are conducted in the victim’s native language with a qualified interpreter (Hass, 2014) 
• Victims are told their legal rights and given translated material on all available legal options (Hass, 2014) 
• The abuser is arrested, and victims are brought to community health clinics, hospitals, or in contact with the appropriate legal and social services to bring victims to shelters (Hass, 2014)
• Police must write detailed and comprehensive reports on the scene, which can be used to build U visa cases (Hass, 2014) 

Intimate Partner Violence and Legal Status 

A theme that emerged throughout analyzing the different forms of SV and its impact on survivors is the general lack of research quantifying the toll on the survivor and community. IPV is a distinct form of SV because “there is an aspect of broken trust from a partner that is relied on practically and emotionally” (Tariza, 2021). Victims of IPV have described the experience as a feeling of being “attacked from the inside out” with long-lasting psychological consequences such as major depressive disorder, PTSD, substance abuse, anxiety disorders, and many more (APA, 2024). Christopoulos observed that many women experiencing IPV turn to substance abuse as an escape from their lived realities and unaddressed trauma (Christopoulos, 2024). Undocumented women face higher rates of IPV due to fear of their immigration status being alerted to authorities (NCAJ, 2016). The legal status of migrants “matters and complicates things a little bit, but that is often the most important thing” (Cone, 2024). 

 There are distinct challenges posed by IPV and additional vulnerabilities of legal, cultural, and societal factors hindering adequate support and recognition of IPV survivors’ experiences. It can be difficult for women to recognize that their experiences ‘qualify’ as SV when in many countries of origin, violations such as rape or female genital mutilation are not defined or punishable offenses (Green, 2024). Thomas shared that her married clients dont always realize they are victims of SV due to cultural norms: 

“It’s the idea of recognizing that you have been a victim, but your culture, your religion, your society tells you once you’re married, you make your bed and lie in it, a universal, sad norm in a patriarchal society which is everywhere, the idea that you too can be victimized right in a committed relationship can be a lot from a client’s point of view” (Thomas, 2024). 

Identified Priorities and Creative Responses 

Community Accountability and Justice 

Interview findings made it evident that there is a need for innovative and creative methods of responding to sexual trauma. Devon Cone, the current senior advocate for Refugees International, stated that many women come from cultures and communities where they do not feel comfortable using counseling but find empowerment through livelihoods, leadership, or faith (Cone, 2024). It is critical to broaden the lens, implement diverse methods of understanding and responding to SV trauma, and move beyond the normatively equipped methods.

Community-based practices must also be paired with “community accountability,” the acknowledgment and responsibility for the suffering of SV survivors through financial

self-sufficiency and shifting of cultural norms that enable sexual exploitation and violence to occur from the beginning (Herman, 2023). Patriarchal norms that enable predatory behavior are found in nearly every culture globally and are found in both migrants’ home countries and NYC. 

Professor of Psychiatry at Harvard Medical School, Dr. Judith Herman, MD, has worked with survivors of SV for over 50 years. In her research on justice for survivors, she finds a strong consensus for wanting an “acknowledgment and amends from the bystanders, rather than just from the offenders. Many people in their communities enabled the offender’s behavior. This betrayal often hurts even more than the offender’s crimes” (Herman, 2023). Once we understand and “appreciate, and then act on, how victim-survivors themselves conceptualize justice, will we begin to address the failings of current approaches and – most importantly – be able to envision new ways of securing justice” (McGlynn, 2019). 

Community Relationships 

All interview respondents stressed the critical role of leadership and organizational priorities being driven by the direct voices and needs of migrant women; furthermore, findings underscored the need for participatory action research in NYC to address their immediate needs explicitly. Using the pre-established support systems within communities is necessary to address the genuine concerns and needs of migrants facing SV. Sara Green, founder and executive director of Art for Refugees in Transition, stated, “Look at what support system already exists…The most important focus should be giving back authority and power to what they have lost” (Green, 2024). In addition, Christopoulos emphasized “prioritizing ethics, capacity with good leadership. You also need people who have a lot of empathy and have a focus on prioritizing what the best services are for refugees” (Christopoulos, 2024).

To establish connections within a community, organizations must step back, engage in observation and active listening, and relinquish all preconceived notions about the most effective approaches to SV healing practices. Finding what practices are at the core of a community is the basis of where external responses should start: “Relational capacity is huge. Especially if you’ve crossed seas, countries, wars, and experienced sexual abuse trauma. Unless you find things that can help you smile again, you will not get to a point where you can actually start working with your therapy staff” (Christopoulos, 2024). 

Community-based practices involve working with existing networks and creating spaces for communities to form. For example, Christopoulos worked with women-centered workshops in the Lesbos refugee camp, including a sewing circle that “was more about building a sense of community and belonging and gave purpose and meaning to their daily lives” than forcing trauma-sharing (Christopoulos, 2024). Women turned life vests into bags for financial benefit, and once one woman opened up about sexual abuse, others followed. The process took months, and safety was not possible for women until they achieved financial independence (Christopoulos, 2024). The sewing circle succeeded because it used the women’s native language, childcare, and skills that led to employment and allowed for “a sense of belonging, intimacy, and safety” (Christopoulos, 2024). However, Christopoulos noted that government funding frequently prioritizes quick results, which contradicts the time needed for sustainable change. 

Tools That Can Be Applied to Build Community Relationships in NYC Services: 

• Childcare 
• Use of Native-Languages 
• Participatory Action Research on specific migrant group needs
• Long-term programs 
• Prioritization of financial inclusion 
• Local NGO communication for allocation of funds 
• Spaces for only women/LGBTQI+ 

Financial Inclusion 

Globally, “10.3% of women live in extreme poverty,” and “73.5% lack employment social protections” (UN Women, 2024). Women comprise 80% of the domestic labor sector, with 90% lacking social security. Unpaid labor is “uncounted and unrecognized,” yet by 2050, women will spend 2.5 more hours per day participating in unpaid labor than men, contributing over 40% to some countries’ GDP (UN Women, 2024). 

When considering what safety, healing, and justice look like for survivors, it is critical to consider livelihoods as a primary concern. When women obtain financial self-sufficiency, they also gain control over their lives. NYC’s poverty rate is 16% for non-citizens, 9.9% for naturalized citizens, and 9.5% for native-born citizens (Shih, 2021). Migrant women face a higher poverty rate at 16.7%, compared to 14.2% for men (Shih, 2021). While poverty statistics provide organized trends, they do not account for inequalities in wealth distribution under the poverty line. 

By addressing gaps in care policy and increasing services, an estimated 300 million jobs globally could be established by 2035; this could mitigate gender disparities, with women benefiting from 70-90% of care infrastructure investments and promising substantial economic and social benefits (UN Women, 2024). Economic empowerment for women “increases economic diversification,” and closing the gender gap could boost the global economy by an estimated $7 trillion (UN Women, 2024). 

Conclusion 

Addressing SV must begin from the bottom up since communities most marginalized (through race, class, gender identity, legal status, disability, ethnicity) experience the highest rates of SV. When intervention approaches, resources, and healing methods are concentrated on English-speaking, white, upper-class communities, the inequities that fuel cycles of violence and injustice are further perpetuated(NCAJ, 2016). 

SV is not an isolated tool of oppression; it is tightly linked to additional forms of violence; to end SV, “we must also be committed to ending all forms of violence including racism, ableism, anti-Blackness, transphobia, and other harms. Inaccessibility to conversations and interventions around SV causes harm and further violence” (NCAJ, 2016). The call for the dismantling of the current power structures that perpetuate marginalization on both an institutional and cultural level is long overdue: When SV interventions and preventative measures are inaccessible in minority communities, “it not only undermines our collective mission to end SV everywhere- it perpetuates forms of symbolic violence through ethnocentric, xenophobic, ableist, and racist practices” (NCAJ, 2016). 

NYC public services are obligated to address the root causes of SV and uphold migrants’ rights to safety, dignity, and self-determination under the 1951 Convention protocol relating to the status of refugees and VAWA. Cultivating spaces centered on protecting, empowering, and celebrating migrants is indispensable. This obligation is not merely a legal responsibility but a fundamental commitment to the prosperity of all and the beginning of forming a world where every person, regardless of origins, can prosper in complete autonomy, safety, and sovereignty. 

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Hana Miloslavić holds a Master’s in Global Affairs with a concentration in Global Gender Studies from NYU and a Bachelor’s in International Studies and Environmental Studies from the University of Wisconsin-Madison. She has served as President of NYU’s Gender Working Group and Vice President of NYU’s Peace and Conflict Transformation Club. She has worked with organizations such as the International Rescue Committee, Search for Common Ground, DoveAir, and the Wisconsin Secretary of State’s office. She also served as a research and teaching assistant to NYU’s Academic Director, Dr. Sylvia Maier.

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