PUBLIC ADVOCATE FOR THE CITY OF NEW YORK

Letitia James


1 CENTRE STREET NEW YORK NY 10007 TEL 212 669 7200 FAX 212 669 4701 WWW.PUBADVOCATE.NYC.GOV


August 4, 2014


VIA EMAIL
Richard A. Brown
Queens County District Attorney
125-01 Queens Boulevard
Kew Gardens, NY 11415

District Attorney Brown:

I write to express my serious concerns regarding prosecutions of individuals arrested for sexual
assaults in New York Citys subway system. Last week, my office held a press conference to
shed light on the problem of sexual assault on subways. A recent analysis by the New York City
Police Department and Metropolitan Transit Authority found that victims reported 2,952
misdemeanor sexual offenses in the subway system during the five year period between July
2008 and July 2013.
Several advocacy groups with whom we are working on this issue believe that a major
impediment to reducing sexual assault on subways is the reluctance of District Attorneys to
prosecute sexual offenses to the fullest extent allowed by law, instead allowing offenders to
plead to a lesser charge. As a former public defender and lawyer in the Attorney Generals
office, I understand that prosecutors must make a calculation regarding the likelihood of success
and allocation of resources when determining whether to offer or accept a lesser charge in
exchange for a guilty plea. However, I am concerned that the high number of reported incidents
reflects that the Citys District Attorneys are not being sufficiently aggressive with sexual assault
cases.
The issue of sexual assaults in the subway system is especially significant given the increased
subway ridership, which last year reached a 65-year high. The subway system is the backbone of
our Citys transit system, and we must ensure that New Yorkers and visitors are safe on the
subway.
In order to better understand the issue, I am requesting that you provide us with information
concerning the number and percentage of sexual assault charges that are resolved with the
offender pleading to a lesser charge, and information concerning the criteria used to determine
whether to offer a plea deal in those cases.


1 CENTRE STREET NEW YORK NY 10007 TEL 212 669 7200 FAX 212 669 4701 WWW.PUBADVOCATE.NYC.GOV



I thank you in advance for your time and assistance on this matter. If you believe it would be
helpful, I would also welcome a meeting with you to further discuss this issue.


Sincerely,



Letitia James
Public Advocate for the City of New York