New York will expand its legal definition of rape to include various forms of nonconsensual sexual contact, under a bill signed into law by Gov. Kathy Hochul on Tuesday.
The state’s current limited definition was a factor in writer E. Jean Carroll’s sexual abuse and defamation case against former President Donald Trump. The jury in the federal civil trial rejected the writer’s claim last May that Trump had raped her in the 1990s, instead finding the former president responsible for a lesser degree of sexual abuse.
The current law defines rape as vaginal penetration by a penis. The new law broadens the definition to include nonconsensual anal, oral, and vaginal sexual contact. Highlighting Carroll’s case at a bill signing ceremony in Albany, the Democratic governor said the new definition will make it easier for rape victims to bring cases forward to prosecute perpetrators. The law will apply to sexual assaults committed on or after Sept. 1.
“The problem is, rape is very difficult to prosecute,” Hochul said. “Physical technicalities confuse jurors and humiliate survivors and create a legal gray area that defendants exploit.”
Only penetrative rape.
Are you sure? ‘nonconsenusual sexual contact’ sounds like it could cover more than penatrative rape.
I was misled by the article and couldn’t find the law. The APnews explanation is misleading.
Here is the actual law link:
https://legislation.nysenate.gov/pdf/bills/2023/S3161
Unfortunately the new law seems to only cover “anal, oral, and vaginal sexual contact”. So unfortunately that totally excludes any kind of forced envelopment.
…am I missing something? How can a vagina envelope something without contacting it? Contact deffo happens during envelopement.
So when a woman puts her vagina on your penis nonconsensually, that doesn’t count as non consensual vaginal contact?
I fully admit I could be wrong in this case, but frequently laws like this are interpreted as non-consensual contact to a vagina, making it only enforced in one direction. Re-reading this one it does seem to be attempting to make progress by removing the required penetrative element so here’s hoping I am incorrect.
What’s forced envelopment? Sounds like a thing I don’t want to search.
Edit: Is that female on male rape? I just took a little longer to think about it.
It describes a situation where man has an involuntary erection and is forced into traditional intercourse. While most places in Canada/the US recognize forced anal penetration as rape, many do not recognize forced envelopment as rape.