Updates the definition of sexual intercourse to include contact between the penis and the vagina or vulva, and contact between a foreign object and the vagina or anus, however slight.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8044
SPONSOR: Burdick TITLE OF BILL:
An act to amend the penal law, in relation to updating the definition of
sexual intercourse
SUMMARY OF PROVISIONS:
Section 1 amends section 130(1) of the penal law to expand the term
"sexual intercourse" under the penal law to include the penetration of
the vagina and anus by a foreign object.
Section 2 establishes the effective date. DIFFERENCE BETWEEN ORIGINAL
AND AMENDED VERSION (IF APPLICABLE): This is a new bill.
JUSTIFICATION:
The Problem: Currently, the New York State Penal Law definition of rape
is limited to nonconsensual penis-in-vagina contact and is linked to the
Penal Law definition of sexual intercourse, Penal Law Sec. 130.00(1).
This definition is outdated, overly restrictive and fails to address
instances where a person's genitals, whether vagina or anus, are
violated against their will. The focus solely on penile penetration
implies that rape hinges on the presence of a penis, rather than the
invasive violation itself. Rape is about the act of forceful penetration
of a person's genitalia without their consent, regardless of the pene-
trating object. This is a matter of bodily autonomy. It's essential to
acknowledge that anyone, regardless of gender, can fall victim to rape,
or be a perpetrator. It is time for New York laws to reflect this reali-
ty.
The Solution: This bill corrects this situation by expanding the defi-
nition of rape. It would include any form of nonconsensual insertion,
whether it involves a body part or any other object, into a person's
vagina or anus. By broadening the definition, we ensure that the focus
is on the violation of a person's bodily autonomy rather than the
specifics of the penetrating object violating the individual.
Why This Matters: This change is about recognizing the experiences of
survivors and holding perpetrators accountable for their actions. It's
about modernizing our laws to reflect our evolving understanding of
consent, boundaries, and the gravity of violating someone's body.
Recent Federal Court Decision: Recently, a decision from the U.S.
District Court, Southern District of New York highlighted the need for
change. United States District Judge Lewis A. Kaplan criticized the
state of New York's rape law, as defined within the penal law,
"The only issue on which the jury did not find in
the Plaintiff's
favor was whether she proved that
the Defendant "raped" her within the
narrow, technical meaning of that term in the New York Penal Law. The
jury in...was instructed that it could find that
Defendant "raped"
Plaintiff only if it found that he forcibly penetrated
Plaintiff's
vagina with his penis. It could not find that he "raped" her if it
determined that
Defendant forcibly penetrated
Plaintiff's private
sexual parts with his fingers-which commonly is considered "rape" in
other contexts-because the New York Penal Law definition of rape is
limited to penile penetration. As the Court explained ...based on all of
the evidence at trial and the jury's verdict as a whole, the jury's
finding that
Defendant sexually abused"
Plaintiff implicitly deter-
mined that he forcible penetrated he digitally-in other words, that
Defendant in fact did "rape"
Plaintiff as that term commonly is used
and understood in contexts outside of the New York Penal Law."1
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
January 1, 2025.
STATE OF NEW YORK
________________________________________________________________________
8044
2023-2024 Regular Sessions
IN ASSEMBLY
September 13, 2023
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to updating the definition of
sexual intercourse
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 130.00 of the penal law is amended
2 to read as follows:
3 1. "Sexual intercourse" [has its ordinary meaning and occurs upon any
4 penetration] means conduct between persons consisting of contact between
5 the penis and the vagina or vulva, and conduct between persons consist-
6 ing of contact between a foreign object, as defined in subdivision nine
7 of this section, and the vagina or anus, however slight.
8 § 2. This act shall take effect January 1, 2025 and shall apply to any
9 offense on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13165-01-3
