Governor Vetoes Legislation That Would Criminalize Sexual Contact Between Consenting Adults

Governor Markell announced today he has vetoed House Bill 130, expressing concern the bill does not differentiate between the penalties for consensual and non-consensual sexual contact and that current Delaware laws address the behavior targeted by the bill. HB 130 would create a felony level offense for health professionals who, in the course of providing professional health services, intentionally have sexual contact with the patient.

In his veto statement (full text below), the Governor agreed that consensual sexual contact in the context of a professional relationship raises serious questions about the health care professional's integrity and professional responsibility. However, there is a strong system of laws in Delaware that address illegal behavior by health care professionals and licensing boards that monitor misconduct among members.

"House Bill 130 would make all sexual contact, including consensual sexual contact between two adults, a Class F felony punishable by up to three years in prison and registration for twenty-five years as a Tier II Sex Offender, which results in a mandatory loss of professional license, if one of those adults is a health care professional and the other is a patient being treated by the health care professional. Notably, the same sexual contact, if non-consensual and offensive to the adult victim, is a Class A misdemeanor punishable by a maximum of one year in jail. The law as written could apply in a situation where, for example, a general practitioner starts dating a patient who comes in for annual or bi-annual physical exams, perhaps sees a nurse practitioner in between appointments for a flu shot, and may occasionally call for a refill of allergy medication. If the doctor failed to remove the patient from the patient list the moment the relationship began, that relationship could fall within the "course of treatment" to which this statute applies. House Bill 130 does not distinguish between situations where there is consent and no consent, or account for the fact that a doctor-patient relationship may be different in one context (e.g. a mental health counselor) than another (e.g. a dental hygienist). For these reasons, I veto House Bill 130 and return it to the House of Representatives without my signature," wrote the Governor in a statement delivered to the House of Representatives.

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