this post was submitted on 30 Jan 2024
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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.”

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[–] jordanlund@lemmy.world 52 points 9 months ago (2 children)
[–] SeaJ@lemm.ee 11 points 9 months ago (1 children)

Jesus Christ. I have never heard of that case.

[–] jordanlund@lemmy.world 2 points 9 months ago

It was HUGE when it happened.

[–] jonne@infosec.pub 7 points 9 months ago

Funny how the wiki lists some people that are currently still relevant (Guilliani as mayor serving as an alleged inspiration for the assault, Jack Smith as prosecutor).

[–] PuddingFeeling907@lemmy.ca 51 points 9 months ago (1 children)

Sounds like this will also help male rape victims.

[–] skydivekingair@lemmy.world 7 points 9 months ago (1 children)
[–] jpeps@lemmy.world 26 points 9 months ago (2 children)

Are you sure? 'nonconsenusual sexual contact' sounds like it could cover more than penatrative rape.

[–] pacmondo@sh.itjust.works 14 points 9 months ago (4 children)

Unfortunately the new law seems to only cover "anal, oral, and vaginal sexual contact". So unfortunately that totally excludes any kind of forced envelopment.

[–] USSEthernet@startrek.website 4 points 9 months ago* (last edited 9 months ago) (1 children)

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.

[–] pacmondo@sh.itjust.works 8 points 9 months ago

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.

[–] dangblingus@lemmy.dbzer0.com 2 points 9 months ago (1 children)

So when a woman puts her vagina on your penis nonconsensually, that doesn't count as non consensual vaginal contact?

[–] pacmondo@sh.itjust.works 4 points 9 months ago

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.

[–] urist@lemmy.blahaj.zone 1 points 9 months ago

…am I missing something? How can a vagina envelope something without contacting it? Contact deffo happens during envelopement.

[–] skydivekingair@lemmy.world 2 points 9 months ago

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

[–] pulaskiwasright@lemmy.ml 47 points 9 months ago (3 children)

Does this include “forced to penetrate” so male victims can get some justice when they’re raped by women?

[–] superduperenigma@lemmy.world 22 points 9 months ago* (last edited 9 months ago) (2 children)

From the article, the new definition includes the following:

nonconsensual anal, oral, and vaginal sexual contact.

I don't see how penetration wouldn't be considered a form of sexual contact. Obviously there will be more sophisticated legal arguments for both sides when such an issue inevitably makes it to court, but if a woman forces a man into any form of anal, oral, or vaginal sex it should be covered based on the face value of the law.

Unfortunately this will likely have little to no impact on how seriously our society takes such cases, not to mention the problem of men not coming forward in such situations.

[–] pulaskiwasright@lemmy.ml 16 points 9 months ago (1 children)

Iwhy wouldn’t it include unwanted penile contact if vaginal contact is pointed out? It seems like it’s worded specifically to prevent men from getting justice.

But this is just how the article explains it. It’s not the actual law.

[–] skydivekingair@lemmy.world 2 points 9 months ago

Or genital contact, covers everyone right?

[–] skydivekingair@lemmy.world 1 points 9 months ago (1 children)

This law is supposed to reduce ambiguity, why wouldn’t they just state genital contact to reduce the grey area further? With this new law someone could argue that the vagina owner is consenting so it isn’t rape.

[–] EatATaco@lemm.ee 3 points 9 months ago (1 children)

Did you read the law or simply the explanation of it in the article?

[–] skydivekingair@lemmy.world 2 points 9 months ago

I’ve now read the law since someone above found and posted it. Terrible journalism not posting it. The law does state vaginal means contact between a penis and vagina.

https://legislation.nysenate.gov/pdf/bills/2023/S3161

[–] homura1650@lemm.ee 16 points 9 months ago

Yes. The bill itself is here: https://legislation.nysenate.gov/pdf/bills/2023/S3161

It defines sexual contact as an act between 2 people, then separately defines rape as engaging in such an act without the consent of the other person.

So, if a penis makes contact with a vagina, that is always vaginal sexual contact under this law. If someone engages in vaginal sexual contact without the consent of the other person, that is rape under this law; without reference which gender is the victim.

The specific wording is even less ambigous, because it says "he or she engages in vaginal sexual contact". As defined by this law, there is no way for a women to engage in vaginal sexual contact with anyone other than a man [0]. Note that for this provision, all that changed was a broadening from sexual intercourse. The gender neutrality of the rape definition had always been there.

This does mean that contact between a hand or toy and a genital is not any type of sexual contact (as defined by this law), but that oversight applies to both penises and vaginas, so is not a gendered decision.

The law also defines anal and oral sexual contact, and puts them everywhere it puts vaginal sexual contact

[0] Or at least, no way for a vagina owner to engage in it without a penis owner. Since the law doesn't really talk about gender, there was no need for special provisions to cover trans folk.

[–] doingless@lemmy.world 7 points 9 months ago

Probably not :(

[–] FenrirIII@lemmy.world 29 points 9 months ago

Thank Trump

[–] prole@sh.itjust.works 26 points 9 months ago* (last edited 9 months ago)

A state had to update their rape laws because an ex-President literally got away with rape (criminally).

Let's just think about that for a minute.

[–] captainlezbian@lemmy.world 4 points 9 months ago

They didn’t already? Jeez. Everywhere needs that definition

[–] jet@hackertalks.com 1 points 9 months ago

Non consensual oral contact? Like either party?

Someone kissing you on the cheek without your consent, is that now part of the definition?