Relates to the definition of the term "sexual intercourse" as such term applies to sex offenses; establishes the crimes of anal rape and oral rape to replace crimes involving criminal sexual acts.
TITLE OF BILL: An act to amend the penal law, in relation to the definition of the term "sexual intercourse" as such term applies to sex offenses
PURPOSE OR GENERAL IDEA OF BILL: To amend the penal law to redefine rape as any contact between the penis and vagina or vulva.
SUMMARY OF SPECIFIC PROVISIONS: The Act amends the penal law by defining rape as any contact between the penis and the vagina or vulva.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Clarifies Rape in the First, Second and Third Degrees.
JUSTIFICATION: On March 28, 2012, a Justice of the New York State Supreme Court declared a mistrial on the rape charge against former New York City Police Officer Michael Pena. Pena was convicted of several other charges for holding the schoolteacher at gunpoint, threatening her life and forcibly sodomizing her. Pena was not convicted of rape despite overwhelming evidence of forcible, non-consensual sexual conduct with a Bronx schoolteacher. It is galling that in the face of evidence of the defendant's semen in the victim's underwear, redness to her genitals, eyewitness testimony and the victim's own account of the pain of the attack, Pena was not convicted of the top count of rape.
Common sense dictates that what happened to the victim in this case is rape.
This bill will redefine sexual intercourse as an element in the crime of rape as any contact between the penis and the vagina, rather than the current definition which requires penetration.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3710--A 2013-2014 Regular Sessions IN SENATE February 12, 2013 ___________Introduced by Sens. YOUNG, GOLDEN, NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to the definition of the term "sexual intercourse" as such term applies to sex offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 130.00 of the penal law is amended to read as follows: 1. "Sexual intercourse" has its ordinary meaning and occurs upon any
[penetration, however slight]CONTACT BETWEEN THE PENIS AND THE VAGINA OR VULVA. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08888-02-3