Senate Bill No. 290 aims to clarify the legal definitions of "sexual intercourse" and "sexual contact" in the context of sexual assault prosecutions. The bill allows for prosecutions to be based on either a single act or multiple acts committed over time as a continuous course of conduct, which contrasts with the current interpretation of the law that only recognizes individual acts. This change is prompted by a 2022 state Supreme Court ruling that determined existing sexual assault laws do not accommodate for a continuing course of conduct, leading to the reversal of a conviction in a case involving first-degree sexual assault.
The bill's provisions will take effect upon passage and will apply to acts occurring before, on, or after that date. It is expected to have a minimal fiscal impact on the Department of Correction and the Judicial Department, potentially resulting in increased costs for incarceration or probation, as well as a revenue gain for the General Fund from fines if more individuals are found criminally liable. The bill is designed to address the legal challenges posed by the Supreme Court's interpretation and ensure that victims of sexual assault can seek justice based on the full scope of the perpetrator's actions.