General Assembly Raised Bill No. 6648
January Session, 2021 LCO No. 5539
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING SEXUAL ASSAULT AND THE ABSENCE OF
CONSENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 53a-65 of the general statutes is repealed and the
2 following is substituted in lieu thereof (Effective October 1, 2021):
3 As used in this part, the following terms have the following
4 meanings:
5 (1) "Actor" means a person accused of sexual assault.
6 (2) "Sexual intercourse" means vaginal intercourse, anal intercourse,
7 fellatio or cunnilingus between persons regardless of sex. Penetration,
8 however slight, is sufficient to complete vaginal intercourse, anal
9 intercourse or fellatio and does not require emission of semen.
10 Penetration may be committed by an object manipulated by the actor
11 into the genital or anal opening of the victim's body.
12 (3) "Sexual contact" means any contact with the intimate parts of a
13 person for the purpose of sexual gratification of the actor or for the
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14 purpose of degrading or humiliating such person or any contact of the
15 intimate parts of the actor with a person for the purpose of sexual
16 gratification of the actor or for the purpose of degrading or humiliating
17 such person.
18 (4) "Impaired because of mental disability or disease" means that a
19 person suffers from a mental disability or disease which renders such
20 person incapable of appraising the nature of such person's conduct.
21 (5) "Mentally incapacitated" means that a person is rendered
22 temporarily incapable of appraising or controlling such person's
23 conduct owing to the influence of a drug or intoxicating substance
24 administered to such person without such person's consent, or owing to
25 any other act committed upon such person without such person's
26 consent.
27 (6) "Physically helpless" means that a person is (A) unconscious, or
28 (B) for any other reason, is physically unable to resist an act of sexual
29 intercourse or sexual contact or to communicate unwillingness to an act
30 of sexual intercourse or sexual contact.
31 (7) "Use of force" means: (A) Use of a dangerous instrument; or (B)
32 use of actual physical force or violence or superior physical strength
33 against the victim.
34 (8) "Intimate parts" means the genital area or any substance emitted
35 therefrom, groin, anus or any substance emitted therefrom, inner thighs,
36 buttocks or breasts.
37 (9) "Psychotherapist" means a physician, psychologist, nurse,
38 substance abuse counselor, social worker, clergyman, marital and
39 family therapist, mental health service provider, hypnotist or other
40 person, whether or not licensed or certified by the state, who performs
41 or purports to perform psychotherapy.
42 (10) "Psychotherapy" means the professional treatment, assessment
43 or counseling of a mental or emotional illness, symptom or condition.
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44 (11) "Emotionally dependent" means that the nature of the patient's
45 or former patient's emotional condition and the nature of the treatment
46 provided by the psychotherapist are such that the psychotherapist
47 knows or has reason to know that the patient or former patient is unable
48 to withhold consent to sexual contact by or sexual intercourse with the
49 psychotherapist.
50 (12) "Therapeutic deception" means a representation by a
51 psychotherapist that sexual contact by or sexual intercourse with the
52 psychotherapist is consistent with or part of the patient's treatment.
53 (13) "School employee" means: (A) A teacher, substitute teacher,
54 school administrator, school superintendent, guidance counselor,
55 school counselor, psychologist, social worker, nurse, physician, school
56 paraprofessional or coach employed by a local or regional board of
57 education or a private elementary, middle or high school or working in
58 a public or private elementary, middle or high school; or (B) any other
59 person who, in the performance of his or her duties, has regular contact
60 with students and who provides services to or on behalf of students
61 enrolled in (i) a public elementary, middle or high school, pursuant to a
62 contract with the local or regional board of education, or (ii) a private
63 elementary, middle or high school, pursuant to a contract with the
64 supervisory agent of such private school.
65 (14) "Consent" means a person's capable, deliberate and voluntary
66 agreement to or concurrence to engage in a specific act of sexual
67 intercourse or sexual contact.
68 Sec. 2. Subsection (a) of section 53a-70 of the general statutes is
69 repealed and the following is substituted in lieu thereof (Effective October
70 1, 2021):
71 (a) A person is guilty of sexual assault in the first degree when such
72 person (1) compels another person to [engage in] submit to sexual
73 intercourse by the use of force against such other person or a third
74 person, or by the threat of use of force against such other person or
75 against a third person which reasonably causes such person to fear
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 76 physical injury to such person or a third person, or (2) engages in sexual
77 intercourse with another person and such other person is under thirteen
78 years of age and the actor is more than two years older than such person,
79 or (3) commits sexual assault in the second degree as provided in section
80 53a-71, as amended by this act, and in the commission of such offense is
81 aided by two or more other persons actually present, or (4) engages in
82 sexual intercourse with another person and such other person is
83 mentally incapacitated to the extent that such other person is unable to
84 consent to such sexual intercourse.
85 Sec. 3. Section 53a-71 of the general statutes is repealed and the
86 following is substituted in lieu thereof (Effective October 1, 2021):
87 (a) A person is guilty of sexual assault in the second degree when
88 such person engages in sexual intercourse with another person and: (1)
89 Such other person is thirteen years of age or older but under sixteen
90 years of age and the actor is more than three years older than such other
91 person; or (2) such other person is impaired because of mental disability
92 or disease to the extent that such other person is unable to consent to
93 such sexual intercourse; or (3) such other person is physically helpless;
94 or (4) such other person is less than eighteen years old and the actor is
95 such person's guardian or otherwise responsible for the general
96 supervision of such person's welfare; or (5) such other person is in
97 custody of law or detained in a hospital or other institution and the actor
98 has supervisory or disciplinary authority over such other person; or (6)
99 the actor is a psychotherapist and such other person is (A) a patient of
100 the actor and the sexual intercourse occurs during the psychotherapy
101 session, (B) a patient or former patient of the actor and such patient or
102 former patient is emotionally dependent upon the actor, or (C) a patient
103 or former patient of the actor and the sexual intercourse occurs by means
104 of therapeutic deception; or (7) the actor accomplishes the sexual
105 intercourse by means of false representation that the sexual intercourse
106 is for a bona fide medical purpose by a health care professional; or (8)
107 the actor is a school employee and such other person is a student
108 enrolled in a school in which the actor works or a school under the
109 jurisdiction of the local or regional board of education which employs
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110 the actor; or (9) the actor is a coach in an athletic activity or a person who
111 provides intensive, ongoing instruction and such other person is a
112 recipient of coaching or instruction from the actor and (A) is a secondary
113 school student and receives such coaching or instruction in a secondary
114 school setting, or (B) is under eighteen years of age; or (10) the actor is
115 twenty years of age or older and stands in a position of power, authority
116 or supervision over such other person by virtue of the actor's
117 professional, legal, occupational or volunteer status and such other
118 person's participation in a program or activity, and such other person is
119 under eighteen years of age; or (11) such other person is placed or
120 receiving services under the direction of the Commissioner of
121 Developmental Services in any public or private facility or program and
122 the actor has supervisory or disciplinary authority over such other
123 person; or (12) such other person does not consent to such sexual
124 intercourse.
125 (b) Sexual assault in the second degree is a class C felony or, if the
126 victim of the offense is under sixteen years of age, a class B felony, and
127 any person found guilty under this section shall be sentenced to a term
128 of imprisonment of which nine months of the sentence imposed may not
129 be suspended or reduced by the court.
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 53a-65
Sec. 2 October 1, 2021 53a-70(a)
Sec. 3 October 1, 2021 53a-71
Statement of Purpose:
To clarify that a victim of sexual assault in the first degree is compelled
to submit to, rather than engage in sexual intercourse by the use of force,
define "consent" for purposes of sexual assault statutes and clarify that
sexual intercourse without consent is a crime.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
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Statutes affected:
Raised Bill: