By Leah Cruz
Staff Writer
New York Gov. Kathy Hochul signed a bill on Jan. 30 that expands the legal definition of rape to include a broader range of sexual assault in an effort to hold perpetrators accountable and protect survivors.
NY State legislation currently outlines the legal definition of rape as nonconsensual sexual intercourse. The “Rape is Rape” bill includes nonconsensual vaginal, anal and oral sexual contact, which were previously criminalized as sexual abuse and not rape.
The new legislation will be implemented this year and will apply to sex crimes that are committed on or after Sept. 1.
“Rape will be treated like the horrific crime that it is. The voices have been heard, and we affirm that justice will be served," said Hochul.
The changes come amidst a sexual assault and defamation case against Former President Donald Trump. Advice columnist E. Jean Carroll’s federal civil trial against Trump accusing him of raping her in the 90s had concluded that he was not responsible for rape, but instead found him accountable for sexual assault, according to AP News.
Based on an interaction in a luxury department store in Manhattan, Carroll had accused Trump of sexually assaulting her, according to AP. She claimed that an encounter with Trump had turned violent when he slammed her against a wall in the dressing room, forcing himself upon her and pulling down her tights.
His response manifested through social media attacks denying the allegations and calling her a liar, according to the New York Times.
In addition to the $5 million awarded to Carroll last spring, Trump has been ordered to pay Carroll an additional $83.3 million for his continued public attacks on her name.
“This is a great victory for every woman who stands up when she’s been knocked down and a huge defeat for every bully who has tried to keep a woman down,” said Carroll in a statement after the verdict.
Trump has said that he will appeal, calling the verdict “absolutely ridiculous” in a post on Truth Social, a social media platform he founded.
Carroll’s case signifies an immense victory for those who continue to testify against and prosecute perpetrators of sex crimes. Because of the specificity and technicalities of defining rape in a courtroom, many survivors do not receive the justice they deserve.
Carroll’s initial case against the former president came to a verdict based on the technical meaning of rape as New York penal law previously defined it.
The language used in prosecuted rape cases is essential to forming just verdicts; expanding the legal definition of rape will ensure that rape cases are dismissed solely based on technicalities of language.
“Physical technicalities confuse jurors and humiliate survivors and create a legal gray area that defendants exploit,” said Hochul at the bill signing.
Updates to the legislation will ensure that “additional forms of nonconsensual, forced sexual conduct can be prosecuted as rape,” the office of the governor stated.
As the NY penal code previously defined rape very specifically and narrowly, Hochul’s new bill will also benefit members of the LGBTQ community looking to prosecute perpetrators for the appropriate sex crimes.
