A3340

Assembly Bill 3340, a measure to amend the Penal Law sponsored by Assemblymember Cruz, was laid aside during Senate floor consideration. The bill, listed as Calendar Number 470, did not proceed to a vote.

The New York State Senate passed legislation redefining sexual assault crimes, voting 58-4 on Calendar Number 470, Assembly Bill 3340, sponsored by Assemblywoman Catalina Cruz. The bill removes the penetration requirement from rape statutes and consolidates criminal sexual act statutes with rape statutes, making oral and anal sexual assault prosecutable as rape rather than the lesser charge of criminal sexual act. The legislation has passed the Assembly for 10 consecutive years but never reached the Senate floor until now. The bill was prompted by the case of Lydia Cuomo, who was sexually assaulted at gunpoint by an off-duty police officer in 2011. Despite overwhelming evidence of forcible sexual assault, a jury deadlocked on rape charges because the assault did not involve vaginal penetration, resulting in conviction only on lesser criminal sexual assault charges. Sen. Hoylman-Sigal, the sponsor, emphasized that the current law fails to recognize non-vaginal sexual assault as rape, particularly affecting LGBTQ victims. Sen. Palumbo, a former prosecutor, supported the bill but expressed concerns about potential charging complications and statute of limitations issues when the effective date creates ambiguity about which law applies to historical crimes. He suggested the Senate consider amendments to clarify these issues. The bill takes effect January 1, 2024.