2016 -- S 2535

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LC004754

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT

     

     Introduced By: Senators Nesselbush, Lynch Prata, Crowley, Coyne, and Goodwin

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-37-1, 11-37-2 and 11-37-4 of the General Laws in Chapter 11-

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37 entitled "Sexual Assault" are hereby amended to read as follows:

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     11-37-1. Definitions. -- The following words and phrases, when used in this chapter,

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have the following meanings:

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      (1) "Accused" means a person accused of a sexual assault.

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      (2) "Force or coercion" means when the accused does any of the following:

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      (i) Uses or threatens to use a weapon, or any article used or fashioned in a manner to lead

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the victim to reasonably believe it to be a weapon.

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      (ii) Overcomes the victim through the application of physical force or physical violence.

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      (iii) Coerces the victim to submit by threatening to use force or violence on the victim

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and the victim reasonably believes that the accused has the present ability to execute these threats.

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      (iv) Coerces the victim to submit by threatening to at some time in the future murder,

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inflict serious bodily injury upon or kidnap the victim or any other person and the victim

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reasonably believes that the accused has the ability to execute this threat.

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      (3) "Intimate parts" means the genital or anal areas, groin, inner thigh, or buttock of any

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person or the breast of a female.

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      (4) "Mentally disabled" means a person who has a mental impairment which renders that

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person incapable of appraising the nature of the act.

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      (5) "Mentally incapacitated" means a person who is rendered temporarily incapable of

 

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appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other

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substance administered to that person without his or her consent, or who is mentally unable to

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communicate unwillingness to engage in the act.

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      (6) "Physically helpless" means a person who is unconscious, asleep, or for any other

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reason is physically unable to communicate unwillingness to an act.

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     (7) "Position of authority" means and includes, but is not limited to, any person who is a

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parent or acting in the place of a parent and charged with any of a parent's rights, duties or

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responsibilities to a person nineteen (19) years of age or under, or a person who is charged with

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any duty or responsibility for the health, welfare, or supervision of a person nineteen (19) years of

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age or under, either independently or through another, no matter how brief, at the time of the act.

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     (7)(8) "Sexual contact" means the intentional touching of the victim's or accused's

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intimate parts, clothed or unclothed, if that intentional touching can be reasonably construed as

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intended by the accused to be for the purpose of sexual arousal, gratification, or assault.

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      (8)(9) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, and anal

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intercourse, or any other intrusion, however slight, by any part of a person's body or by any object

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into the genital or anal openings of another person's body, or the victim's own body upon the

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accused's instruction, but emission of semen is not required.

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      (9)(10) "Spouse" means a person married to the accused at the time of the alleged sexual

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assault, except that such persons shall not be considered the spouse if the couple are living apart

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and a decision for divorce has been granted, whether or not a final decree has been entered.

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      (10)(11) "Victim" means the person alleging to have been subjected to sexual assault.

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     11-37-2. First degree sexual assault. -- A person is guilty of first degree sexual assault if

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he or she engages in sexual penetration with another person, and if any of the following

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circumstances exist:

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      (1) The accused, not being the spouse, knows or has reason to know that the victim is

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mentally incapacitated, mentally disabled, or physically helpless.

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      (2) The accused uses force or coercion.

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      (3) The accused, through concealment or by the element of surprise, is able to overcome

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the victim.

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      (4) The accused engages in the medical treatment or examination of the victim for the

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purpose of sexual arousal, gratification, or stimulation.

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     (5) The accused has supervisory or disciplinary power over the victim by virtue of the

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accused's legal, professional, voluntary or occupational status or is in a position of authority, and

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the victim is nineteen (19) years of age or under.

 

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     11-37-4. Second degree sexual assault. -- A person is guilty of a second-degree sexual

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assault if he or she engages in sexual contact with another person and if any of the following

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circumstances exist:

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      (1) The accused knows or has reason to know that the victim is mentally incapacitated,

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mentally disabled, or physically helpless.

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      (2) The accused uses force, element of surprise, or coercion.

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      (3) The accused engages in the medical treatment or examination of the victim for the

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purpose of sexual arousal, gratification, or stimulation.

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     (4) The accused has supervisory or disciplinary power over the victim by virtue of the

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accused's legal, professional, voluntary or occupational status or is in a position of authority, and

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the victim is nineteen (19) years of age or under.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- SEXUAL ASSAULT

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     This act would define any act of sexual penetration or contact performed by an individual

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with supervisory or disciplinary power, or who is in a position of authority, upon a person

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nineteen (19) years of age or younger, as sexual assault.

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     This act would take effect upon passage.

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