A newly-passed bill in New York State wants to expand the criminal definition of rape. But one of its Democratic sponsors says it’s not a given the governor will sign it into law.
State Sen. Brad Hoylman-Sigal says his “Rape is Rape” bill would help women and stop excluding LGBTQ citizens.
"It isn't currently possible for a man to be raped in the state of New York. And that defies logic and common sense," Hoylman-Sigal said. "Also, it’s impossible for a woman to be raped unless its vaginal penetration. And we know that defies common sense."
Currently, New York’s criminal rape statutes are based on definitions of sexual intercourse as a penis penetrating a vagina. The new bill, Senate Bill 3161, Assembly Bill A3340, eliminates the penetration requirement and includes nonconsensual oral and anal sexual violence.
Hoylman-Sigal says it took years for the bill to pass — in part because of outdated views on sexual assault, and because criminal attorneys aren’t thrilled by it.
"The defenders, of course, are concerned that a charge that might be less than rape under the current statute, resulting in a new rape charge and longer sentences for their clients," Hoylman-Sigal said.
Meanwhile, the Senate Judiciary Chair says, prosecutors worry that combining all types of sexual assault under a single rape heading could shorten sentences.
The bill will next go to Gov. Kathy Hochul, who will have 30 days to veto or approve it. Her office declined to comment on what she intends to do.
