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MS HB1080

Bill

Status

Failed

3/1/2022

Primary Sponsor

Dana Underwood McLean

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Repeals the separate spousal rape statute (Section 97-3-99), making rape laws apply equally regardless of marital relationship between perpetrator and victim

  • Removes the outdated requirement that female victims be presumed "of previous chaste character" in rape trials, while retaining the requirement that convictions cannot be based solely on uncorroborated testimony of the victim

  • Redefines rape to include penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ, when accomplished against the victim's will, without consent, or against someone physically or mentally incapacitated

  • Establishes penalties for rape of up to 30 years imprisonment for first offense and up to 40 years for subsequent offenses under the sexual battery sentencing provisions

  • Removes the marriage exception from statutory rape provisions involving children under 14 years of age

Legislative Description

Rape trials; revise evidentiary procedures for spousal rape.

Last Action

Died In Committee

3/1/2022

Committee Referrals

Judiciary, Division B2/11/2022
Judiciary B1/17/2022

Full Bill Text

No bill text available