Assembly Speaker Sheldon Silver joined with Assemblywoman Aravella Simotas to announce the passage of legislation that would reinforce current law to add other forms of sexual assault, specifically oral and anal sexual conduct, to the current definition of rape and would also remove the requirement that penetration be proven to establish a rape charge (A.3339-A/Simotas).

"Rape is rape, it is awful and it is something that cannot be justified or excused," Silver said. "Those that commit such heinous acts should be punished to the fullest extent that the law allows. By amending the current law we recognize the trauma suffered by victims and ensure that rapists are effectively prosecuted."

Current law defines the crime of rape only in cases of vaginal penetration. This bill would expand the law to remove requirement that penetration be proven to establish vaginal sexual conduct in order to parallel the standard of other forms of sexual conduct currently defined as "criminal sexual act." The legislation would further define the crimes of rape in the first, second and third degrees to include oral sexual conduct and anal sexual conduct.

"Survivors of sexual assault have courageously come forward with their stories and have made it evident that what they've experienced is rape, even if it's currently interpreted otherwise," Simotas said. "This terrible and unnecessary violation of a person's body leaves emotional and physical scars that persist for years to come, making today's legislation an important step toward ensuring that what any rational person would recognize as rape is without a doubt classified as rape under state law."

The catalyst for expanding the definition of rape occurred on March 28, 2012, when a mistrial was declared on the rape charge against a former New York City police officer, who was convicted of multiple other charges for holding a Bronx school teacher at gun point, threatening life and forcibly sexually assaulting her. Despite the evidence presented in court of forcible, nonconsensual sexual conduct, the former police officer was not convicted of raping the victim.