What's happening
This bill prohibits virginity examinations in New York, making their unauthorized performance professional misconduct and, in some cases, a felony.
Why it matters
Establishes clear definitions and an explicit ban on “virginity examinations,”. making it illegal for licensed medical practitioners in New York to perform or supervise any procedure intended to determine whether a female has previously had sexual intercourse. This removes ambiguity and targets a practice widely condemned as unscientific, invasive, and harmful.
Treats unauthorized virginity examinations as professional misconduct,. meaning health professionals who violate this law risk losing their license or facing other career-ending penalties. This sends a strong message to the medical community about professional and ethical standards.
Creates severe criminal liability when these exams are performed outside medical settings,. classifying such acts as first-degree sexual abuse—a class D felony. This dramatically raises the stakes for anyone attempting to perform these exams in private, community, or informal contexts, recognizing the exams as a form of sexual violence.
Aligns New York law with international human rights standards and medical ethics,. acknowledging consensus from organizations like the World Health Organization that virginity testing is a violation of women’s and girls’ rights. This legislation is likely to increase awareness and set a precedent for similar reforms elsewhere.
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Who cares
Headline styles
Ban Virginity Examinations
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to women's issues
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Virginity Exams
In Assembly Committee · Health · Sponsor Michaelle C. Solages
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6879
2019-2020 Regular Sessions
IN SENATE
November 27, 2019
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the public health law, the education law and the penal law, in relation to prohibiting virginity examinations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding two new sections 230-f and 267-a to read as follows:
§ 230-f. Unauthorized virginity examinations. For the purposes of this title, professional misconduct shall include the performance of virginity examinations or supervising the performance of virginity examinations in violation of section two hundred sixty-seven-a of this article.
§ 267-a. Prohibition of virginity examinations. 1. For purposes of this section, the following terms shall have the following meanings:
(a) "Virginity examination" shall mean any practice or procedure used to determine whether a female has previously had sexual intercourse.
(b) "Medical setting" shall mean any location where licensed medical practitioners are authorized to provide health care to individuals, including, but not limited to, hospitals, long-term care facilities, physician's offices, urgent-care centers and outpatient clinics.
2. No licensed medical practitioner shall perform a virginity examination or supervise the performance of a virginity examination on a patient.
3. (a) Any licensed medical practitioner who performs a virginity examination in violation of this section shall be subject to penalties for professional misconduct pursuant to subarticle three of article one hundred thirty of the education law.
(b) Any licensed medical practitioner who performs or supervises the performance of a virginity examination on an individual in a non-medical setting shall be subject to penalties for sexual abuse in the first
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14190-02-9
S. 6879 2
degree pursuant to section 130.65 if the penal law, in addition to the penalties described in paragraph (a) of this subdivision.
§ 2. Section 6509 of the education law is amended by adding a new subdivision 15 to read as follows:
(15) A violation of section two hundred sixty-seven-a of the public health law.
§ 3. Section 130.65 of the penal law, as amended by chapter 26 of the laws of 2011, is amended to read as follows: § 130.65 Sexual abuse in the first degree.
1. A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact:
[1.] (a) By forcible compulsion; or
[2.] (b) When the other person is incapable of consent by reason of being physically helpless; or
[3.] (c) When the other person is less than eleven years old; or
[4.] (d) When the other person is less than thirteen years old and the actor is twenty-one years old or older.
2. A person is also guilty of sexual abuse in the first degree when he or she is in violation of paragraph (b) of subdivision three of section two hundred sixty-seven-a of the public health law.
Sexual abuse in the first degree is a class D felony.
§ 4. Subdivision 3 of section 485.05 of the penal law, as amended by section 9 of part NN of chapter 55 of the laws of 2018, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); paragraph (a) of subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the third degree); section 135.61 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal
S. 6879 3
mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, the education law and the penal law, in relation to prohibiting virginity examinations
Purpose or general idea of bill
The purpose of the bill is to prevent the performance of hymen examina- tions on women as a means to ascertain whether a woman is a virgin
Summary of specific provisions
Section 1 of the bill adds two new sections § 230-f and 267- a to the public health law to forbid the performance of a hymen exam on women as a means to ascertain whether a woman is a virgin.
Section 2 amends § 6509 of the education law by adding a new subdivi- sion 15.
Justification
According to numerous sources , "virginity tests"- exams in which two fingers or a speculum are inserted into the vagina in search of the hymen or to measure the elasticity of the vaginal walls, are widespread and common throughout the US.
These examinations are not only a violation of women's and girls' human rights, but in cases of rape can cause additional pain and mimic the original act of sexual violence, leading to re-experience, re-traumati- zation and re-victimization. Many women suffer from adverse short- and long-term physical, psychological and social consequences of this prac- tice. This includes anxiety, depression and post-traumatic stress. In extreme cases, women or girls may attempt suicide or be killed in the name of "honour".
The term "virginity" is not a medical or scientific term. of "virginity" is a social, cultural and religious construct gender discrimination against women and girls. As a result, along with the World Health Organ- ization, U.N. Women and called for a global ban on the practice.
Considering the federal government has yet to enact legislation to prohibit this invasive and medically unnecessary procedure, the onus of eliminating "virginity tests" is on state governments. This legislation would ban the performance of professional hymen exams as a means to ascertain whether a woman is a virgin, and the bill stipulates that if someone disregards these rules, it will be considered an act of profes- sional misconduct.
Prior legislative history
New bill.
Fiscal implications
None noted.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.