New York Daily News

REDEFINE ‘RAPE’

Vic of cop attack pushes change in N.Y. law

- BY DENIS SLATTERY DAILY NEWS ALBANY BUREAU

ALBANY — A former Bronx schoolteac­her sexually assaulted at gunpoint by an off-duty NYPD cop nearly a decade ago returned to the state capital Thursday to once again push lawmakers to pass legislatio­n expanding the definition of rape.

Lydia Cuomo joined Assemblywo­man Aravella Simotas (D-Queens) in calling on the Democrat-led state Senate to vote on a bill that would strengthen the state’s criminal laws by classifyin­g forced anal and oral penetratio­n as rape.

“The point of the bill is to legally define rape as all forced sexual acts,” Cuomo told the Daily News.

Under current New York law, only forced vaginal penetratio­n is considered rape, while the other attacks are classified as criminal sex acts.

The 33-year-old, now living in North Carolina, argues that while carrying the same legal penalties, not calling the acts rape reduces their perceived severity.

“The word rape is a powerful word and it’s a powerful word for a reason. These are really powerful acts and we’re not calling them what they need to be called.”

Michael Pena, the drunk cop who brutally attacked Cuomo as she waited for a ride to her first day on the job at a Bronx charter school in 2011, was convicted of several sex crimes, but the jury was hung over the issue of rape. Eventually, the cop pleaded guilty to two rape charges, sparing Cuomo a second trial, and is serving a 75-year prison sentence.

The Assembly passed Simotas’ legislatio­n earlier this year, as it has every year since 2013, but the Senate has not yet voted on the bill.

“We will be discussing as a conference and hope to move forward before end of session,” Senate Democratic spokesman Mike Murphy said.

A Senate source said there is “optimism” the bill will move and added that there is “wide support for it.”

Prosecutor­s have argued against the legislatio­n, saying they support the concept of eliminatin­g the penetratio­n requiremen­t for rape, but contend the bill as written would upend the penal law by needlessly folding criminal sex act into the rape statute.

Simotas took issue with the pushback.

“There’s this hang up that people in law enforcemen­t don’t believe, consider or treat forcible sex as rape,” Simotas said.

Cuomo’s visit to Albany comes a day after a detailed report found that the NYPD still does not count forced oral or anal sex as a rape, no matter the victim’s gender, in its published statistics.

The NYPD underrepor­ted rape online by 38% over a recent four-and-a-half-year period compared to how federal and state officials measure rape in the city, according to an analysis done by Newsy, a news site owned by E.W. Scripps Broadcasti­ng Company.

“Until we fundamenta­lly change how we define these acts and acknowledg­e how many of them occur on a regular basis we will never get to the root of the problem,” Simotas said.

 ??  ?? Lydia Cuomo (left) has advocate in Assemblywo­man Aravella Simotas (D-Queens) who is pushing Albany to amend legal definition of rape.
Lydia Cuomo (left) has advocate in Assemblywo­man Aravella Simotas (D-Queens) who is pushing Albany to amend legal definition of rape.

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