2021 -- H 6049

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LC001158

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES - SEXUAL ASSAULT

     

     Introduced By: Representatives Henries, Felix, Hull, Lombardi, Kazarian, Cassar, and
Batista

     Date Introduced: March 01, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-37 of the General Laws entitled "Sexual Assault" is hereby

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amended by adding thereto the following section:

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     11-37-18. Custodial sexual assault.

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     (a) A person is guilty of custodial sexual assault if:

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     (1) He or she engages in sexual penetration with another person; and

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     (2) The accused is a peace officer as defined in § 12-7-21 and the victim is detained, in

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custody, under arrest, confined in a correctional or law enforcement facility, in a work release

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program, or on probation, parole or other form of conditional or supervised release; and

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     (3) The peace officer:

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     (i) Is responsible for effecting the detention, custody, arrest, or confinement of the victim

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or maintaining the victim in custody, detention, arrest, confinement, or a work release program, or

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knows, or reasonably should know, that the victim is under such custody, detention, arrest,

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confinement, or in a work release program; or

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     (ii) Has supervisory authority over the victim’s probation, parole, or other form of

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conditional or supervised release; or

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     (iii) Is not married to the victim and has the authority to influence the terms, conditions,

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length of or fact of probation, parole or other form of conditional or supervised release; and

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     (4) None of the circumstances set forth in §§ 11-37-2 or 11-37-4 exist.

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     (b) Any person who shall be convicted of custodial sexual assault shall be subject to

 

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imprisonment for a period not to exceed three (3) years.

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     (c) Any person convicted under this section shall not be subject to the provisions of chapter

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37.1 of this title.

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     (d) It shall be an affirmative defense, to be proven by the accused by a preponderance of

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the evidence, that the act of sexual penetration resulted from force or coercion by the other person.

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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 establish criteria for the criminal offense of sexual assault when the victim

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is in the custody of a peace officer. The act would also provide that a person convicted of custodial

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sexual assault would face imprisonment for not more than three (3) years.

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     This act would take effect upon passage.

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