More protection for rape survivors, perpetrators more accountable

New York Gov. Kathy Hochul on Tuesday signed legislation to modernize New York State law to protect survivors of rape and hold perpetrators accountable for sexual assault.

Hochul said the legislation, S.3161/A.3340, updates the definition of rape in the penal code “to ensure that additional forms of nonconsensual, forced sexual conduct can be prosecuted as rape.”

Since taking office, Hochul said she has signed the Adult Survivors Act, implemented new protections for survivors of domestic violence and cracked down on human trafficking.

“We are reassuring survivors that when they walk into a police station or approach the witness stand that the full weight of the law is behind them now going forward,” Hochul said. “Rape will be treated like the horrific crime that it is. The voices have been heard, and we affirm that justice will be served.”

The governor said legislation (S.3161/A.3340), also known as the “Rape is Rape” bill, removes the penetration requirement from the rape statutes and also defines rape as vaginal sexual contact, oral sexual contact and anal sexual contact.

She noted that the existing statue excluded oral and anal rape from being called rape and required a higher standard for vaginal rape.

“By modernizing New York’s rape statutes, this legislation ensures all survivors are protected from these crimes and offenders will be held fully accountable,” Hochul said.

State Sen. Brad Hoylman-Sigal said, “Rape is Rape, plain and simple. In New York State. we cannot allow outdated, heteronormative notions of sex to limit our ability to acknowledge that fact and to hold those who commit acts of sexual violence accountable.

“I applaud Gov. Hochul for signing our bill (S8008), and now our chapter amendments, to expand the definition of rape to include not only vaginal penetration, but also acts of oral, anal, and vaginal contact,” he said. “This update to the law will make it easier to hold perpetrators of sex crimes accountable and will be particularly important in helping to protect members of the LGBTQ+ community, who are victims of rape and sexual assault at higher rates than cis-gendered heterosexual Americans.

“Thank you to Assemblymember Cruz for fighting for this change in the Assembly and thank you to Majority Leader Andrea Stewart-Cousins for making this bill a priority in the Senate,” he added. “I also want to extend my sincere gratitude to Lydia Cuomo, the brave survivor, whose activism, and perseverance, spurred this much needed change.”

Assemblymember Catalina Cruz said, “Today Rape is Rape becomes law, sending a message to survivors that what they endured was rape, and it deserves to be acknowledged as such. This profound shift recognizes the full spectrum of pain of survivors endure.

“I am deeply grateful to Lydia Cuomo for her bravery on behalf of survivors,” she said. “She endured a horrific rape that sparked the fight to change our laws. I would also like to thank my colleagues in the Assembly, especially the original sponsor – former Assemblywoman Aravella Simotas who refused to stand by in the face of the injustice Lydia faced.

“I want to thank Speaker Carl Heastie for championing and passing this legislation year after year, as well as the sponsor in the Senate, Sen. Brad Hoylman-Sigal, for his tireless dedication that finally got the bill through the Senate,” she added. “Lastly, I want to thank Gov. Hochul for signing it into law so that survivors of rape can finally all be seen.”

Advocate Lydia Cuomo said, “It has been 15 years from the moment I was brutally raped and the law failed me.

“The definition of rape refused to recognize what happened to me as such and allowed my assailant to walk away with merely a sexual assault conviction during the trial,” she said. “Over the years, as I saw the passing of the ‘Rape is Rape’ Act 11 times in the Assembly but fail to become law, I felt hopeless.

“But now, thanks to the work of Aravella Simotas, who started this legislation and fought for this law for over a decade and Assemblymember Catalina Cruz, who carried it to the finish line, and Gov. Kathy Hochul for signing it into law,” she added. “This legislation is a sign that the voices of survivors matter here in New York. That our pain will no longer be ignored because of an antiquated law and that we can finally seek the justice we deserve.”

Since taking office, Hochul said she has prioritized supporting survivors and holding perpetrators accountable.

She signed the Adult Survivors Act in 2022, opening a one-year window during which survivors could bring suit against their abusers.

Hochul said she has also signed legislation to establish a statewide rape kit tracking system, strengthen protections and support for survivors of domestic violence, and crack down on human trafficking.

In addition, the governor has enacted new laws that expand revenge porn laws to include “deep faked” images, crack down on sexual conduct against children, and expand the definition of unlawful coercion to include forcing an individual to share intimate images under threat of physical or emotional harm.

Last year, Hochul announced new guidance for law enforcement agencies when responding to domestic incidents.

She has also announced the availability of a streamlined application for individuals seeking help from the state with crime-related expenses.

Additionally, Hochul has taken significant steps to protect individuals in the workforce from harassment and sexual assault.

She launched a statewide workplace sexual harassment hotline, signed new laws to protect employees from sexual misconduct in the workplace, and developed a sexual harassment model policy for employers to use.