Add §§230-f & 267-a, Pub Health L; amd §6509, Ed L; amd §§130.65 & 485.05, Pen L
Prohibits licensed medical practitioners from performing or supervising virginity examinations and subjects any medical practitioner who does perform or supervise such performance to professional misconduct penalties as well as possible criminal charges.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8742
SPONSOR: Solages TITLE OF BILL:
An act to amend the public health law, the education law and the penal
law, in relation to prohibiting virginity examinations
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to prevent the performance of hymen examina-
tions on women as a means to ascertain whether a woman is a virgin
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds two new sections § 230-f and 267- a to the
public health law to forbid the performance of a hymen exam on women as
a means to ascertain whether a woman is a virgin.
Section 2 amends § 6509 of the education law by adding a new subdivision
15.
JUSTIFICATION:
According to numerous sources, "virginity tests"- exams in which two
fingers or a speculum are inserted into the vagina in search of the
hymen or to measure the elasticity of the vaginal walls, are widespread
and common throughout the US.
These examinations are not only a violation of women's and girls' human
rights, but in cases of rape can cause additional pain and mimic the
original act of sexual violence, leading to re-experience, re-traumati-
zation and re-victimization. Many women suffer from adverse short- and
long-term physical, psychological and social consequences of this prac-
tice. This includes anxiety, depression and post-traumatic stress. In
extreme cases, women or girls may attempt suicide or be killed in the
name of "honour".
The term "virginity" is not a medical or scientific term. Rather, the
concept of "virginity" is a social, cultural and religious construct -
one that reflects gender discrimination against women and girls. As a
result, the United Nations, along with the World Health Organization,
U.N. Women and U.N. Human Rights, called for a global ban on the prac-
tice.
Considering the federal government has yet to enact legislation to
prohibit this invasive and medically unnecessary procedure, the onus of
eliminating "virginity tests" is on state governments. This legislation
would ban the performance of professional hymen exams as a means to
ascertain whether a woman is a virgin, and the bill stipulates that if
someone disregards these rules, it will be considered an act of profes-
sional misconduct.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately.
