In the subway system (photo: Benjamin Kanter/Mayoral Photo Office)

Unfortunately fitting for its nickname “the city that never sleeps,” New York City transit sex crimes have a strong case of insomnia. Those who commit these crimes pay no attention to time of day, don’t care if you’re on a station platform or in a subway car. They are fearless, even in the presence of bystanders right next to them, join you as an unwanted guest as you move around the city, then escape past police officers patrolling the next stop. 

Unfortunately, official data provided by the NYPD does not specify the number of sex crimes occurring in transit, so the relation between the two is unclear. When comparing data from Quarters 1 and 2 of 2022 and Quarters 1 and 2 of 2023, overall transit crime has reportedly decreased by 7%, while sex crimes other than rape increased by 5% throughout the city. Despite a decrease in transit crime, there are concerns over the sustainability of police officers working overtime in the subway system. Additionally, recent criminal justice reforms have failed to effectively address repeat offenders, especially those who commit violent felonies. 

These statistics only tell a portion of the story. Countless more crimes occur every day on the subway but go unreported, much less result in convictions. This past year alone, I was sexually assaulted on the subway, twice. From the moment of contact, I was overcome with hopelessness. I feared immediate retaliation from the offenders had I spoken up, and never reported the crimes because I thought of how easy it would be for my attackers to evade arrest simply by slipping into the anonymity of New York City at the next stop.

My story is far too common. Subway sex crimes have been of public concern since at least 1953. The nature of transportation and the difficulty to surveil such a massive system provides a breeding ground for these transient offenders to go undetected and unidentified. Less than 50% of subway sex crimes lead to an arrest, and the cases that are cleared show a pattern: those who are convicted often have no prior criminal record.

Why isn’t this problem being adequately addressed? The majority of the victims of subway sex crimes are women, and as a society, we still tend to blame the victim for sexual assault, rather than the perpetrator. Some women who have experienced groping, forcible touching, and rape on the subways have reportedly felt afraid and ashamed and don’t come forward to report crimes. They also felt they didn’t have enough time to stop and file a report, or discuss their lack of faith in law enforcement and the government to protect their rights or find their assailant.

Similar to attempts at banning repeat offenders from transit systems related to crimes such as fare evasion or robbery, then-State Senator Diane Savino introduced a bill to address “subway gropers” by classifying forcible touching as a Class D Felony that could result in up to seven years in prison. That bill has repeatedly stalled in the Assembly. Her successor, Senator Jessica Scarcella-Spanton, has expanded upon Savino’s original bill in the current legislative session, legislation currently in the Senate’s codes committee but yet to move.

Others argue for a short-term or lifetime ban of sex offenders from using the transit system. Even if passed, a ban would be very hard to enforce because of the size and scope of the system and that units such as the Transit Special Victims Squad are perennially understaffed and overworked.

Admittedly, the transient environment of the subway makes it extremely difficult to track down offenders, and it’s impossible to staff the entire system with police. Each time I was assaulted, bystanders asked afterwards why I didn’t call the cops. It felt illogical and pointless for me to report a crime that had occurred 10 minutes ago and in a different location from where I currently was, especially if the perpetrator exited the train immediately after the sexual assault and I wasn’t at my destination yet. One of my offenders appeared homeless, and I knew finding and charging him would be even more unlikely.

Although Governor Hochul recently announced the implementation of 5,400 cameras to surveil the transit system, including every subway car, we must currently depend upon blurry and low-resolution stills from security cameras to attempt to find offenders, which proves challenging.

Initiatives that allow victims to speak up and share their stories are important. In 2018, The Call is Yours Campaign and the Transit Sex Offense Awareness website urged victims to report crimes on their own time, which gives the victim a voice, but did not necessarily result in justice. Despite the introduction of such initiatives, it remains nearly impossible to find data that supports their effectiveness.

Many factors that can contribute to a reduction in subway sex crimes may be out of victims’ control, but we can still speak up, and there are actions we can take on our own, such as reintroducing initiatives like The Call is Yours Campaign that allow victims to share their experiences with transit sexual assault.

As I understand what other victims go through, I often ask myself what could have prevented the sexual assaults and how it could be addressed in the aftermath. Research shows that the certainty of suffering consequences for committing a crime, rather than the severity, is effective in deterring such offenses; therefore, if potential offenders know a victim’s reports would lead to real consequences, they may think twice. This means better enforcement and a real commitment to ensuring adequate resources for law enforcement to pursue these cases quickly, with regular reminders via subway announcements about reporting sex crimes, ensuring that victims have a better sense that their claims will be heard and followed.

Awareness campaigns for “The Call is Yours” and the Transit Sex Offense website need to become prominent. I had never heard of either. In fact, the news has not covered The Call is Yours Campaign in recent years. Although the campaign reportedly led to an increase in the number of reported rapes in 2018, no current data is available. I believe it would have been especially beneficial for me and would help other victims who are commuting and unable to immediately stop to report the crime in person had we known of and been able to utilize campaigns that are there to help.

Although fearing retaliation in the moment is a real concern, knowing that soon after the crime occurred I not only could but would be encouraged to report it may have reassured me that New York City cares about this type of crime and these types of victims. Until more is done, I question when anonymity will stop hiding offenders from punishment, and when subway sex crimes won’t appear to be normalized as part of many women’s public transportation experience.

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Nicole DiMaria is a Master’s candidate in the Forensic Psychology program at John Jay College of Criminal Justice and is a Research Fellow at the Initiative for Gender Equity in the Public Sector (IGEPS).