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.”
§2.1 Vaginal Sexual Contact. It’s contact between a penis and vagina or vulva. There’s no directionality to it. It’s only about consent that defines who raped whom. If a woman forces contact between a penis and her vagina or vulva, she raped him with vaginal sexual contact.