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ALBANY, N.Y. (WRGB) — Gov. Kathy Hochul signed the Rape is Rape Act
into law Tuesday, changing the way New York penal law defines the
crime.
The legislation, which has passed in the Assembly for 12 years,
redefines rape in state law to include nonconsensual sexual contact.
In 2023, the act passed in both the Assembly and the Senate and now
with the governor's approval, its provisions are set to take effect
Sept. 1, 2024.
The law will now define rape as vaginal, oral, and anal sexual
contact.
“Today is about the survivors. It's about aligning the letter of the
law with the pain in their hearts," said Governor Hochul. "It's
about calling out vile and horrific acts for what they are so
survivors can reclaim their power and dignity. It's about backing
them with the full force of our justice system so those who commit
rape are charged accordingly.”
The law had previously defined rape as vaginal penetration by a
penis, limiting victims, including members of the LGBTQ+ community.
"Our law has failed survivors," said Assembly member Catalina Cruz.
Assembly member Catalina Cruz and State Senator Brad Hoylman-Sigal
sponsored the bill.
The Rape is Rape Act was inspired by Lydia Cuomo, a brave survivor
who was brutally raped the morning of Aug. 19, 2011, as a 25-year-
old elementary school teacher on her morning commute for the first
day of school. She was approached by an inebriated off-duty police
officer, Michael Pena, who proceeded to brandish his police-issued
firearm and rape her. Pena was charged with rape, criminal sexual
act and predatory sexual conduct, but only convicted of the lesser
charges because the jury could not agree as to whether or not Pena
had vaginally penetrated Cuomo. The criminal sexual act charges, of
which he was convicted, included violating her orally and anally,
because under current law, in order to establish rape, it must be
proven that there was penetration. New York state law did not
recognize what transpired that morning as rape, highlighting the
inadequacies of the state’s outdated and gendered rape statutes.
Inspired by Cuomo’s story, former Assembly member Aravella Simotas
introduced the Rape is Rape Act in 2012 and championed it every year
until she left the Assembly in 2020.
"It has been 15 years from the moment I was brutally raped and the
law failed me. 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. But now, thanks to
the work of Aravella Simotas, who started this legislation and
fought for this law for over a decade and Assemblymember Catalina
Cruz, who carried it to the finish line, it will finally become law.
I am unbelievably grateful to these women and their teams who have
helped make this happen. This legislation is a sign that the voices
of survivors matter here in New York. That our pain will no longer
be ignored because of an antiquated law and that we can finally seek
the justice we deserve,” said Lydia Cuomo in a release from the
Assembly.
Hochul and Hoylman-Sigal noted the bravery of E. Jean Carroll during
recent civil trials against former President Donald Trump.
"To bring a case against the former president," said Hochul. "Whose
defamatory and disgusting statements exacerbated a horrific
situation."
"There are 83.3 million reasons," said Hoylman-Sigal. "Why we
understand how deep the caustic effect of sexual assault and
violence is in our society."
A jury ruled that Mr. Trump sexually abused Carroll, but did not
define it as "rape." Carroll, though, called it "rape" in a media
interview after that verdict, for which Trump sued her for
defamation. That suit was tossed.
Since taking office, Hochul says she has prioritized supporting
survivors by signing the Adult Survivors Act, implementing new
protections for survivors of domestic violence and cracking down on
human trafficking.
"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." said Hochul. "Rape will be
treated like the horrific crime that it is. The voices have been
heard, and we affirm that justice will be served."
Governor Hochul hopes more survivors will come forward and seek
justice, and so do local domestic violence organizations.
"I think that the legislation finally passing after almost over a
decade really points to the state really thinking that survivors
voices are important," said Troy Unity House Domestic Violence
Services Assistant Director Julie Keegan. "We can only hope that
this helps more people feel empowered to share and come forward."
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