An Act To Strengthen the Crime of Gross Sexual Assault as It Pertains to Persons Who Furnish Drugs to Victims

Sec. 1. 17-A MRSA §253, sub-§2, ¶A,  as amended by PL 2001, c. 383, §15 and affected by §156, is further amended to read:

Sec. 2. 17-A MRSA §253, sub-§3,  as repealed and replaced by PL 1989, c. 401, Pt. A, §4, is repealed and the following enacted in its place:

summary

In order to improve the ability to prosecute certain gross sexual assaults, this bill amends the crime of gross sexual assault by adding the element of furnishing drugs or intoxicants to a victim in order to substantially impair the victim's power to appraise or control the victim's sexual acts. Currently, a prosecutor must meet a higher standard by proving that the actor employed or administered the drugs or intoxicants to the victim. The bill also specifies that an actor cannot raise as a defense to gross sexual assault that the victim voluntarily consumed or allowed the administration of the drugs or intoxicants if the victim was 14 or 15 years of age.