New York Gov.Kathy Hochul on Jan. 30 signed legislation to broaden the state’s heteronormative definition of rape, which was previously limited to vaginal penetration.
Known as the “Rape is Rape” bill, out gay State Senator Brad Hoylman-Sigal of Manhattan and Assemblymember Catalina Cruz of Queens spearheaded the legislative effort to withdraw the requirement of penetration from the state’s rape statutes and specify that the definition of rape can include vaginal sexual contact, oral sexual contact, or anal sexual contact. Until this point, oral and anal rape was excluded from the statute, according to state officials.
“We are reassuring survivors that when they walk into a police station or approach the witness stand that the full weight of the law is behind them now going forward,” Hochul said. “Rape will be treated like the horrific crime that it is. The voices have been heard, and we affirm that justice will be served.”
The legislation first emerged in 2012 and it was inspired by Lydia Cuomo (no relation to former Governor Andrew Cuomo), a survivor who was raped by off-duty police officer Michael Pena in 2011. Although Pena was initially charged with rape, a criminal sexual act, and predatory sexual conduct, he was not convicted on the rape charge because jurors could not agree whether he vaginally penetrated Cuomo, according to the State Legislature. The legislative push to update the law was first introduced by then-Assemblymember Aravella Simotas of Queens, who has since left office. On June 29, state lawmakers passed a chapter amendment necessary to finalize the law.
“Rape is Rape, plain and simple,” Hoylman-Sigal said in a written statement. “In New York State we cannot allow outdated, heteronormative notions of sex to limit our ability to acknowledge that fact and to hold those who commit acts of sexual violence accountable. I applaud Governor Hochul for signing our bill, and now our chapter amendments, to expand the definition of rape to include not only vaginal penetration, but also acts of oral, anal, and vaginal contact. This update to the law will make it easier to hold perpetrators of sex crimes accountable and will be particularly important in helping to protect members of the LGBTQ+ community, who are victims of rape and sexual assault at higher rates than cis-gendered heterosexual Americans.”
Cruz also welcomed the governor’s final approval of the law, saying it sends “a message to survivors that what they endured was rape, and it deserves to be acknowledged as such.”
“This profound shift recognizes the full spectrum of pain of survivors endure,” Cruz said. I am deeply grateful to Lydia Cuomo for her bravery on behalf of survivors. She endured a horrific rape that sparked the fight to change our laws.”
The bill is scheduled to go into effect on Sept. 1.
