Assemblymember Aravella Simotas introduced a bill to reform New York's rape laws in response to a mistrial in the case of Michael Pena, a former NYPD officer. Pena was convicted of other charges for holding a schoolteacher at gunpoint, threatening her life, and forcibly sodomizing her, but the jury did not reach a verdict on the rape charge due to the legal definition of rape requiring penetration. The proposed bill would expand the legal definition of rape to include oral sex, anal sex, and other criminal sexual conduct beyond penetration alone. The goal is to prevent technicalities from allowing rapists to escape the full consequences of their actions.
Assemblymember Aravella Simotas introduced a bill to reform New York's rape laws in response to a mistrial in the case of Michael Pena, a former NYPD officer. Pena was convicted of other charges for holding a schoolteacher at gunpoint, threatening her life, and forcibly sodomizing her, but the jury did not reach a verdict on the rape charge due to the legal definition of rape requiring penetration. The proposed bill would expand the legal definition of rape to include oral sex, anal sex, and other criminal sexual conduct beyond penetration alone. The goal is to prevent technicalities from allowing rapists to escape the full consequences of their actions.
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Assemblymember Aravella Simotas introduced a bill to reform New York's rape laws in response to a mistrial in the case of Michael Pena, a former NYPD officer. Pena was convicted of other charges for holding a schoolteacher at gunpoint, threatening her life, and forcibly sodomizing her, but the jury did not reach a verdict on the rape charge due to the legal definition of rape requiring penetration. The proposed bill would expand the legal definition of rape to include oral sex, anal sex, and other criminal sexual conduct beyond penetration alone. The goal is to prevent technicalities from allowing rapists to escape the full consequences of their actions.
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NEW YORK STATE ASSEMBLY OFFICE OF ASSEMBLYMEMBER ARAVELLA SIMOTAS For Immediate Release March 29, 2012 Contact:
Samantha Darche, 718-545-3889
Simotas Introduces Bill to Toughen Rape Law
Common-sense legislation addresses miscarriage of justice in Pena case ALBANY, N.Y. In the wake of a New York State Supreme Court Justices declaration of a mistrial on the rape charge against former New York City Police Officer Michael Pena, Assemblymember Aravella Simotas announced that she would introduce legislation to prevent such a miscarriage of justice from happening again. While Pena was convicted of several other charges for holding a Bronx school teacher at gunpoint, threatening her life and forcibly sodomizing her, he was not convicted of the top count of rape. No verdict was reached on the rape charge despite evidence of the defendants semen in the victims underwear, redness to her genitals, eyewitness testimony and the victims own account of the pain of the attack. As the law currently stands, a charge of rape requires an element of penetration. Common sense dictates that what happened to the victim in this case is rape, Simotas said. Simotas bill would define rape as criminalsexual conduct, rather than sexual intercourse, to ensure that rapists cannot escape facing the full consequences of their actions based on a technicality. Simotas proposed legislation re-defines the crimes of Rape in the First Degree, Rape and the Second Degree and Rape in the Third Degree to include oral sexual conduct, anal sexual conduct, and aggravated sexual contact in addition to sexual intercourse as an element of these rape charges. Pena and his defense team found a way to get away with rape, Simotas said. This legislation will ensure that no other victim will face the same indignity that this Bronx schoolteacher suffered. ###