HB 1480 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1480
AN ACT making consent a defense under the sexual assault laws.
SPONSORS: Rep. Soltani, Merr 10
COMMITTEE: Criminal Justice and Public Safety
This bill allows freely given consent to sexual contact by individuals 16 years of age and older to be a defense against any charges brought under RSA 632-A.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2124
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT making consent a defense under the sexual assault laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Consent as a Defense to Sexual Assault. Amend RSA 632-A:6, III to read as follows:
III. Freely given consent to engage in sexual contact by persons 16 years of age or older shall be a defense to any charges brought under this chapter. Consent is no defense if, at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act. A jury is not required to infer consent from a victim's failure to physically resist a sexual assault.
2 New Paragraph; Limits to Consent Defense. Amend RSA 632-A:6 by inserting after paragraph III-a the following new paragraph:
III-b. Consent given by the following persons under the corresponding circumstances is not freely given and shall constitute no defense:
(a) A person suffering from a mental illness or impairment so as to render the person incapable of rendering freely given consent.
(b) A person under 18 years of age where the actor is in a position of authority over the victim.
(c) A person under 16 years of age, except where the victim is at least 13 years of age and married to the actor.
3 Effective Date. This act shall take effect January 1, 2001.