Act No. 68 Page 1 of 1
2021
This act summary is provided for the convenience of the public and members of the General
Assembly. It is intended to provide a general summary of the act and may not be
exhaustive. It has been prepared by the staff of the Office of Legislative Counsel without
input from members of the General Assembly. It is not intended to aid in the interpretation
of legislation or to serve as a source of legislative intent.
Act No. 68 (H.183). Crimes and criminal procedures; sexual assault
An act relating to sexual violence
This act makes several changes to the sexual assault laws, primarily focused on
consent; requires collection and reporting of data regarding sexual violence; and
establishes the Intercollegiate Sexual Harm Prevention Council.
Statutory amendments to the sexual assault laws include new definitions of
“consent” and “incapable of consenting” and a clarification that a person who is
asleep, unconscious, or substantially impaired by intoxicants cannot consent to
sexual activity.
On or before September 1, 2024, and biannually thereafter, the Department of
Public Safety is required to provide a statistical report to the General Assembly
based on data from the National Incident Based Reporting System and the
Vermont Judiciary on the number of sexual violence cases reported to law
enforcement, the number of cases referred to prosecutors, the number of cases
charged, and the disposition of such cases.
The Intercollegiate Sexual Harm Prevention Council is established for the
purpose of creating a coordinated response to campus sexual harm across
institutions of higher learning in Vermont. The Council is directed to continue the
work of the legislatively created Vermont Campus Sexual Harm Task Force that
sunset in 2020. The Council is to submit a written report to the General Assembly
with a summary of activities and any recommendations for legislative action on or
before December 1, 2022, and annually thereafter. The Council sunsets on July 1,
2025.
Multiple effective dates, beginning on June 8, 2021
VT LEG #356922 v.2


Statutes affected:
As Introduced: 13-3251, 13-3252, 13-3254
As Passed By the House -- Official: 13-3251, 13-3252, 13-3254, 16-2187
As Passed By the House -- Unofficial: 13-3251, 13-3252, 13-3254, 16-2187
As Passed by Both House and Senate -- Official: 13-3251, 13-3252, 13-3254, 16-2187
As Passed by Both House and Senate -- Unofficial: 13-3251, 13-3252, 13-3254, 16-2187
As Enacted: 13-3251, 13-3252, 13-3254, 16-2187