2021 -- S 0834

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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: Senators Euer, McCaffrey, Goodwin, Gallo, Valverde, DiMario,
Sosnowski, Lawson, Cano, and Coyne

     Date Introduced: April 23, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-37-2 of the General Laws in Chapter 11-37 entitled "Sexual

Assault" is hereby amended to read as follows:

     11-37-2. First degree sexual assault.

     A person is 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:

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

mentally incapacitated, mentally disabled, or physically helpless.

     (2) The accused uses force or coercion.

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

the victim.

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

purpose of sexual arousal, gratification, or stimulation.

     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 eliminate the marital sexual assault exception when a victim is

incapacitated, disabled, or helpless.

     This act would take effect upon passage.

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