S-0933.1  _______________________________________________


                         SENATE BILL 5304



State of Washington      55th Legislature     1997 Regular Session


By Senators Fairley, Hargrove, Sheldon, Haugen, Goings, Kohl, Winsley and Oke


Read first time 01/22/97.  Referred to Committee on Law & Justice.


Considering drug-induced helplessness or physical incapacity as an element of rape in the second degree.

    AN ACT Relating to drug-induced rape; and amending RCW 9A.44.050.




    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 including controlled substance-induced physical helplessness or mental incapacity caused by the perpetrator of the rape;

    (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.

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


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