New York City Council Header
File #: Res 1713-2013    Version: * Name: Redefine rape as criminal sexual conduct. (A.3339)
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 4/9/2013
Enactment date: Law number:
Title: Resolution calling upon the New York State Assembly and New York State Senate to pass and the Governor to sign A.3339, which would amend the New York State Penal Law to redefine rape as criminal sexual conduct.
Sponsors: Julissa Ferreras-Copeland, Peter F. Vallone, Jr., Michael C. Nelson, Charles Barron, Margaret S. Chin, Leroy G. Comrie, Jr., Inez E. Dickens, Letitia James, Andy L. King, Peter A. Koo, G. Oliver Koppell, Karen Koslowitz, Melissa Mark-Viverito, Annabel Palma, Domenic M. Recchia, Jr., Deborah L. Rose, James G. Van Bramer, Jumaane D. Williams
Council Member Sponsors: 18
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2013*Julissa Ferreras-Copeland City Council Filed (End of Session)  Action details Meeting details Not available
4/9/2013*Julissa Ferreras-Copeland City Council Introduced by Council  Action details Meeting details Not available
4/9/2013*Julissa Ferreras-Copeland City Council Referred to Comm by Council  Action details Meeting details Not available
Res. No. 1713
 
 
Resolution calling upon the New York State Assembly and New York State Senate to pass and the Governor to sign A.3339, which would amend the New York State Penal Law to redefine rape as criminal sexual conduct.
 
 
By Council Members Ferreras, Vallone, Nelson, Barron, Chin, Comrie, Dickens, James, King, Koo, Koppell, Koslowitz, Mark-Viverito, Palma, Recchia, Rose, Van Bramer and Williams
 
      Whereas, In March, 2012 former New York City police officer Michael Pena was convicted of 3 counts of predatory sexual assault and 3 counts of related charges for his August, 2011 sexual attack against a Bronx schoolteacher, at gunpoint; and
      Whereas, In May, 2012 Pena was sentenced to 75 years in prison for his heinous sexual attack; and
      Whereas, Although Pena was convicted on predatory sexual assault and related charges, a mistrial was declared on the charge of rape, despite the fact that the victim reportedly testified that Pena raped her at gunpoint and threatened to shoot her in the face if she opened her eyes or made any noise, and an eyewitness reportedly testified that he saw Pena appearing to engage in sexual intercourse with the victim; and
Whereas, In June, 2012 Pena reportedly pled guilty to two counts of rape and two additional counts of predatory sexual assault and was sentenced to 10 years to life in prison; and
      Whereas, If Pena hadn't pled guilty, it would have been difficult to convict Pena of rape; and
Whereas, Currently under New York State law, garnering a conviction on a rape charge requires proving sexual intercourse, which is an inherently difficult thing to prove; and
Whereas, Many New Yorkers, including the victims of sexual attacks, believe that failure to prove sexual intercourse beyond a reasonable doubt does not lessen the heinous nature of the sexual attack, such as existed in this case, nor should the prosecution be required to prove sexual intercourse in a case like this; and
Whereas, A.3339 expands the definition of rape by redefining rape to include oral sexual conduct, anal sexual conduct, or aggravated sexual contact, in addition to sexual intercourse; and
Whereas, A.3339 would provide greater protection to the public and punish those who perpetrate these crimes; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Assembly and New York State Senate to pass and the Governor to sign A.3339, which would amend the New York State Penal Law to redefine rape as criminal sexual conduct.
AM
LS #3526
3/7/2013