Prohibits health care practitioners from performing a virginity examination or supervising the performance of a virginity examination on a patient; defines "virginity examination".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1626
SPONSOR: Solages TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting
virginity examinations
PURPOSE:
The purpose of the bill is to prevent the performance of examinations on
women that purport to ascertain whether a woman has previously had vagi-
nal intercourse.
SUMMARY:
Section 1. Legislative intent.
Section 2. Amends the public health law by adding section 267-c.
Section 3. Sets the effective date.
JUSTIFICATION:
According to the World Health Organization, "virginity testing" is an
inspection of the female genitalia meant to determine whether a woman or
girl has had vaginal intercourse. The term "virginity" is not a medical
or scientific term. The concept of virginity is a social, cultural and
religious construct that has historically been used to discriminate
against women and girls.
According to clinical experts, "virginity testing" is not a medically
indicated or valid examination or test. Physical examinations purported
to assess virginity are without basis. "Virginity testing" has been
associated with adverse psychosocial and physical outcomes and is
considered a violation of human rights by the international community.
Many women suffer from anxiety, depression, and PTSD due to "virginity
testing," and the practice is physically invasive and damaging. In cases
where this unscientific "test" reaps an unfavorable result to parents,
guardians, or partners, the consequences can result in emotional and
physical abuse for the woman or girl.
Although it is difficult to track its prevalence, a study in 2017 of
around 3000 obstetricians and gynecologists in the United States found
that 16% had been asked to perform "virginity tests" or "virginity
restoration." In many of these cases, a parent or guardian is making
these requests without their child knowing and the "test" is performed
without explanation and therefore nonconsensual.
The United Nations, along with the World Health Organization, U.N.
Women and U.N. Human Rights, called for a global ban on the practice.
Indeed, according to the World Health Organization's 2018 interagency
statement calling for the elimination of "virginity testing;" a number
of medical professionals, health care associations, and human rights
organizations have explicitly condemned "virginity testing" as unscien-
tific and harmful.
This legislation would ban so-called "virginity tests," ending a harmful
practice that is being perpetrated against women and girls in New York
State.
SOCIAL JUSTICE IMPACT:
While tracking the use of "virginity tests" is difficult, it is clear
that this practice impacts women and girls of various races and
ethnicities. Further, a shameful history of exploiting the bodies of
women of color for pseudoscience in the United States emphasizes the
need to ban all forms of "virginity tests" that may contribute to abuse
steeped in racism.
This legislation seeks to explicitly ban the gendered issue of "virgini-
ty tests" that have been utilized to perpetuate gender violence against
women and girls for centuries. In addition, this bill will ensure that
these invasive and unscientific exams will not be utilized against non-
binary or transgender people who may already face discrimination based
on their identity.
PRIOR LEGISLATIVE HISTORY:
2023-24: A128; 3rd reading.
2021-22: A5517; passed assembly.
2019-20: A8742; referred to health.
2021-22: A5517; passed assembly.
2023-24: A5517; referred to women's issues.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1626
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. SOLAGES, HEVESI, JACOBSON, SIMON, BICHOTTE HERME-
LYN, SEAWRIGHT, DINOWITZ, ZINERMAN, ROSENTHAL, DAVILA, BARRETT, CRUZ,
OTIS, GONZALEZ-ROJAS, KELLES, STECK, SHIMSKY, SIMONE, LEVENBERG,
BURDICK, EPSTEIN, TAPIA, DeSTEFANO -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting
virginity examinations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent: Virginity examinations are gynecologi-
2 cal examinations of the female genitalia purported to establish whether
3 a female has had vaginal intercourse by correlating the absence of the
4 hymen or vaginal wall laxity with sexual activity. Reproductive experts
5 contend that there is no scientific merit or clinical indication for
6 this type of examination, as these characteristics do not definitively
7 prove that a female has had intercourse. Experts also note that there
8 are significant adverse psychological and physical consequences for
9 individuals who have been subjected to these tests. Numerous organiza-
10 tions, including the World Health Organization, United Nations Human
11 Rights Office, American College of Obstetricians and Gynecologists, and
12 International Society for Sexual Medicine have called for the elimi-
13 nation of virginity examinations as they are not medically indicated or
14 valid procedures, and their performance violates the human rights of the
15 individual subject to the test. It is the intent of the legislature to
16 recognize that gynecological examinations purported to determine whether
17 a female has had vaginal intercourse have no scientific merit, are not
18 medically indicated, and cause psychological and physical trauma for the
19 recipient; and as such, health care practitioners licensed by and prac-
20 ticing in the state of New York should be prohibited from conducting or
21 supervising these examinations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03315-01-5
A. 1626 2
1 § 2. The public health law is amended by adding a new section 267-c to
2 read as follows:
3 § 267-c. Prohibition of virginity examinations. 1. For purposes of
4 this section, the following terms shall have the following meanings:
5 (a) "Virginity examination" shall mean any physical gynecological exam
6 or inspection of the female genitalia purported to determine whether a
7 female has previously had vaginal intercourse.
8 (b) "Health care practitioner" means a health care practitioner
9 licensed, certified or otherwise authorized to practice under title
10 eight of the education law, acting within the practitioner's lawful
11 scope of practice.
12 2. No health care practitioner shall perform a virginity examination
13 or supervise the performance of a virginity examination on a patient.
14 3. This section shall not apply to any physical gynecological examina-
15 tion conducted as part of a forensic medical examination.
16 § 3. This act shall take effect immediately.
