Relates to the crimes of aggravated sexual conduct and aggravated sexual abuse

11 Co-sponsors

• Susan John
• Patricia Eddington
• Matthew Titone
• Kenneth Zebrowski
• Sandy Galef
• Dennis H. Gabryszak
• Ellen C. Jaffee
• David Koon
• Rory Lancman
• Alan Maisel
• Peter Rivera

10 Multi-sponsors

• William Boyland
• Adam Bradley
• Joan Christensen
• RoAnn Destito
• Aileen Gunther
• Janele Hyer-Spencer
• Joseph Lentol
• Audrey Pheffer
• Anthony Seminerio
• Robert Sweeney

BILL NUMBER:A8781

Title of bill

An act to amend the penal law, in relation to aggravated sexual abuse

Purpose or general idea of bill

To make the aggravated sexual abuse statutes consistent with the criminal sexual act statutes by adding the word "anus" to the list of certain parts of the body of a victim

Summary of specific provisions

Section one amends subdivision 9 of section 130.00 of the penal law, as amended by chapter 696 of the laws of 1981, by providing that the word "anus" shall be added to the list of certain body parts in the definition of "foreign object."

Section two amends subdivision eleven of section 130.00 of the penal law, as added by chapter 122 of the laws of 1996, by providing that the word "anus" shall be added to the list of the certain parts of the body of a child in the definition of "aggravated sexual contact."

Section three amends subdivision 1 of section 130.65-a of the penal law, the crime of aggravated sexual abuse in the fourth degree, by adding the word " anus" to the list of certain parts of the body of a person other than the actor.

Section four amends subdivision 1 and 2 of section 130.66 of the penal law, the crime of aggravated sexual abuse in the third degree, by adding the word "anus" to the list of certain parts of the body of a person other than the actor.

Section five amends subdivision 1 of section 130.67 of the penal law, the crime of aggravated sexual abuse in the second degree, by adding the word "anus" to the list of certain parts of the body of a person other than the actor.

Section six amends subdivision 1 of section 130.70 of the penal law, the crime of aggravated sexual abuse in the first degree, by adding the word "anus" to the list of certain parts of the body of a person other than the actor.

Section seven provides the effective date.

Justification

This legislation makes the aggravated sexual abuse stat- utes consistent with the criminal sexual act statutes. Currently, the word "rectum" is in the aggravated sexual abuse statutes, whereas "anus" is the word used in the criminal sexual act statutes. Both statutes criminalize sexual assault, yet the inconsistency in the statutes' language has resulted in unintended inconsistent results.

There is a medical/anatomical difference between the two parts of the body. "Rectum" is defined in The American Heritage Dictionary, as Title terminal portion of the large intestine, extending from the colon to the

anal canal." Whereas, anus is defined as "the excretory opening at the lower end of the alimentary canal."

In order to prove the commission of the crime of aggravated sexual abuse, victims, including child victims, have had to give detailed testimony in court as to the depth of penetration; the rectum being more internal. This was not the intent of the law. The intention of the stat- ute is to criminalize aggravated sexual abuse. However, such cases have been dismissed and defendants have been found innocent because prosecu- tors have not been able to prove that a foreign object or finger was inserted, for other than a valid medical purpose, into the rectum because the anus is the place of insertion. By adding the word "anus" to the statute, the statute will operate as it was intended.

Prior legislative history

This is a new bill.

Fiscal implication

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.