S-3842.1                   _______________________________________________

 

                                                     SENATE BILL 6177

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1994 Regular Session

 

By Senators L. Smith, Oke, Hochstatter, Moyer, Nelson, Anderson, Roach, Sellar and Morton

 

Read first time 01/17/94.  Referred to Committee on Law & Justice.

 

Concerning unlawful sexual acts.


          AN ACT Relating to unlawful sexual contact; and amending RCW 9A.44.050 and 9A.44.100.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  RCW 9A.44.050 and 1993 c 477 s 2 are each amended to read as follows:

          (1) A person is guilty of rape in the second degree when, under circumstanc­es not constituting rape in the first degree, the person engages in sexual intercourse with another person:

          (a) By forcible compulsion;

          (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapac­itated;

          (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

          (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consulta­tion, interview, or examination.  It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment; ((or))

          (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

          (f) When the victim is an inmate in a state or local correctional facility and the perpetrator is a person who is not married to the victim and is an employee of the facility.

          (2) Rape in the second degree is a class A felony.

 

        Sec. 2.  RCW 9A.44.100 and 1993 c 477 s 3 are each amended to read as follows:

          (1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

          (a) By forcible compulsion; ((or))

          (b) When the other person is incapable of consent by reason of being mentally defective, mentally incapaci­tated, or physically helpless;

          (c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

          (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination.  It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment; ((or))

          (e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

          (f) When the victim is an inmate in a state or local correctional facility and the perpetrator is an employee of the facility.

          (2) Indecent liberties is a class B felony.

 

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