Governor Kathy Hochul signed a bill last month that modernizes the state’s outdated definition of rape to include forms of nonconsensual and forced sexual assault.
“It’s about calling out violent and horrific acts for what they are so survivors can reclaim their power and dignity,” said Hochul at a press conference. “It’s about backing them with the full force of our justice system so those who commit rape are charged accordingly.”
The bill, S.3161/A.3340, removes the penetration requirement from rape statutes and also defines rape as vaginal sexual contact, oral sexual contact, and anal sexual contact. It was sponsored by Assemblymember Catalina Cruz and Senator Brad Hoylman-Sigal.
The catalyst for the bill was the brutal rape at gunpoint of former NYC elementary school teacher Lydia Cuomo by drunk off-duty officer Michael Pena in 2011. She was 25 years old at the time. Pena was only convicted of lesser charges because a jury couldn’t agree on whether vaginal penetration occurred, which was the criterion for how the state law recognized rape at the time. The “antiquated” definition not only made it harder to hold rapists accountable for the full scope of sex crimes, but also isolated members of the LGBTQ+ community.
“Rape is rape, plain and simple,” said Hoylman-Sigal. “In New York State, we cannot allow outdated, heteronormative notions of sex to limit our ability to acknowledge that fact and to hold those who commit acts of sexual violence accountable.”
Cuomo’s story inspired former Assemblymember Aravella Simotas to first introduce the Rape is Rape Act in 2012. It passed in the Assembly for 12 years but could not get through the Senate until 2023. Hochul signed the bill into law on January 30, 2024.
“It has been 15 years from the moment I was brutally raped and the law failed me,” said Cuomo in a statement. “The definition of rape refused to recognize what happened to me as such and allowed my assailant to walk away with merely a sexual assault conviction during the trial. Over the years as I saw the passing of the Rape is Rape Act 11 times in the Assembly but fail to become law, I felt hopeless.”
Cruz has shared her personal story as a survivor of sexual assault in the past. She worked in the last three years with Cuomo and survivor support organizations to get the bill passed after Simotas left the Assembly in 2020. She said she’s also been involved with the Child Survivors Act and the Adult Survivors Act.
“The next step is just getting the word out and making sure that district attorneys’ offices are applying [the law] the way that they need to,” said Cruz.
The governor’s office promised to provide funding to district attorneys throughout the state to focus on domestic violence offenders, expand the Supervision Against Violent Engagement (SAVE) program, and build up data collection and information-sharing with regard to domestic violence reports for police
Division of Criminal Justice Services Commissioner Rossana Rosado said in a statement, “DCJS is proud of our work to help ensure that law enforcement officers throughout New York are trained and informed on how to respond to rape victims and survivors of sexual assault with sensitivity, professionalism, and respect. We thank Governor Hochul for her unwavering leadership on public safety and for signing this legislation into law, which will allow victims’ and survivors’ voices to be heard and perpetrators to be held accountable.”
Individuals may visit ovs.ny.gov/connect to find programs for victims and survivors of sexual assault. New York State’s Domestic and Sexual Violence Hotline also is available for confidential support and advocacy 24/7 at 800-942-6906 (voice), 844-997-2121 (text), and opdv.ny.gov (chat). The National Domestic Violence Hotline is 800-799-7233.
Ariama C. Long is a Report for America corps member who writes about politics for the Amsterdam News. Your donation to match our RFA grant helps keep her writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.