Z-1093.3          _______________________________________________

                                  HOUSE BILL 2166

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State of Washington              54th Legislature             1996 Regular Session

By Representatives McMahan, Sheahan, Huff, Robertson, Talcott, Costa, Chappell, Dickerson, D. Sommers, Ballasiotes, Campbell, Quall, D. Schmidt, Elliot, Lambert, Thompson, Cooke and Goldsmith; by request of Department of Corrections

Read first time 01/08/96.  Referred to Committee on Corrections.

Defining sexual intercourse by a supervisor with a resident of a correctional institution to be rape in the second degree.

     AN ACT Relating to rape; amending RCW 9A.44.050; and prescribing penalties.

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 a resident of a state or county adult or juvenile correctional facility, including but not limited to jails, prisons, or detention centers, or under the community supervision of state, county, or local correctional services for juveniles or adults, and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim.  Consent of the victim shall not be a defense to a prosecution under this subsection (1)(f).

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

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