SB 214 - Under this act, the crimes of forcible rape and sexual assault are renamed first and second degree rape, the crimes of forcible sodomy and deviate sexual assault are renamed first and second degree sodomy, and the crimes of sexual abuse and first degree sexual misconduct are renamed first and second degree sexual abuse. Second and third degree sexual misconduct are renamed first and second degree sexual misconduct.
References throughout the statutes to the former names are updated to reflect the change. One of the statutes that contained the former names, a section that prohibits insurers from taking certain actions based on a person's status as a domestic violence victim, was further modified to align with statutory definitions in current law related to domestic violence.
Under current law, forcible rape, forcible sodomy and sexual abuse all occur when a person engages in certain specified sexual conduct with another person by forcible compulsion. In addition to renaming the above crimes, this act provides that a person violates the law when engaging in the sexual conduct with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by forcible compulsion.
Under current law, assent does not constitute consent if it is given by a person who due to youth, mental disease or defect, or intoxication is manifestly unable to make a reasonable judgement regarding the conduct charged. This act provides that a drug-induced state or any other reason can result in the person being unable to consent.
In addition, this act repeals a provision that specified that a person is not to be considered incapacitated if the person became incapacitated after consenting to an act. Also repealed is a provision of current law specifying that a crime is not committed when an offender reasonably believed that the victim consented to the act and was not incapacitated.
Current law provides that multiple sentences of imprisonment must run concurrently unless the court specifies that the sentences are to run consecutively, except when the sentences are for the crimes of rape or sodomy, in which case the sentences for those crimes must run consecutively. Under this act, sentences for the crimes of first degree statutory rape and first degree statutory sodomy must also run consecutively.
This act requires the Department of Public Safety to establish rules regarding reimbursements of the costs of forensic exams of children under the age of 14, including rules on conditions and definitions for emergency and nonemergency forensic examinations and qualifications for appropriate medical providers performing nonemergency forensic examinations.
In addition, this act defines the terms "emergency forensic examination" and "nonemergency forensic examination".
These provisions are similar to provisions of the truly agreed to and finally passed SS/SCS/HCS/HB 215 (2013), the truly agreed to and finally passed SCS/HB 301 (2013), HCS/HB 589 (2013), HB 280 (2013), HCS/HB 371 (2013), and HCS/HB 210 (2013).