CT SB00315

Replaces "mentally defective" and "physically helpless" definitions with a single standard: persons whose ability to communicate lack of consent is substantially impaired due to mental or physical condition, requiring the actor to know or have reasonable cause to believe of this impairment.

Modifies sexual assault in the second degree (Class C felony, or Class B if victim under 16) to require a mandatory minimum of 9 months imprisonment that cannot be suspended or reduced by the court.

Modifies sexual assault in the fourth degree (Class A misdemeanor, or Class D felony if victim under 16) to apply the same impaired communication standard instead of prior "mentally defective," "mentally incapacitated," or "physically helpless" language.

Removes the affirmative defense that an actor did not know a victim was "mentally defective" or "physically helpless," retaining only the defense for lack of knowledge regarding "mentally incapacitated" status.

Effective October 1, 2010 for all sections amending general statutes sections 53a-71, 53a-73a, 53a-65, 53a-67, and 54-250.