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IN HB1489
Bill
Status
1/16/2019
Primary Sponsor
Sue Errington
Click for details
AI Summary
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Defines "consent" in Indiana criminal code as a free, voluntary, knowing, and mutual agreement to engage in a specific sexual act, including positive and affirmative cooperation in words, act, or attitude
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Adds lack of consent as a standalone element for rape and sexual battery charges, in addition to existing elements of force, victim unawareness, or mental incapacity
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Specifies that consent may be withdrawn at any time, and that existing relationships or manner of dress do not constitute consent
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Requires triers of fact to apply a reasonable person standard when determining whether consent existed based on words, acts, or attitudes under all circumstances
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Effective date of July 1, 2019; sponsored by Representatives Errington and Campbell and referred to Committee on Courts and Criminal Code
Legislative Description
Rape and sexual battery. Defines "consent". Provides that a person commits rape if the person engages in sexual activity without the consent of the victim, and that a person commits sexual battery if the person, with intent to arouse sexual desires, touches another person without the consent of the person.
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/16/2019