Signed by Governor Dan McKee

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the marital sexual assault exception when a victim is incapacitated, disabled, or helpless.

Highlights:

• Establishes a person as guilty of “first-degree sexual assault” if he or she engages in sexual penetration with another person, and if any of the following circumstances exist (Sec. 1):

• The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless;

• The accused uses force or coercion;

• The accused, through concealment or by the element of surprise, can overcome the victim; or

• The accused engages in the medical treatment or examination of the victim for sexual arousal, gratification, or stimulation.

• Establishes that this act would eliminate the marital sexual assault exception when a victim is incapacitated, disabled, or helpless (Sec. 2).

• Specifies that this act is effective upon passage (Sec. 2).

Full Bill Text