Researcher: JO Page 1 4/19/22
OLR Bill Analysis
sHB 5472
AN ACT CONCERNING SEXUAL ASSAULT AND THE ABSENCE OF
CONSENT.
SUMMARY
This bill defines “consent” for purposes of the state’s sexual assault
laws.
Under the bill, consent is each person’s unambiguous, informed, and
voluntary manifestation of agreement to engage in a sexual act. Each
person must agree actively and freely, and not due to force, fraud, or
coercion. A person’s (1) prior participation in a sexual act, (2) absence of
verbal resistance, or (3) withdrawn agreement to engage in the act, does
not constitute consent.
Various provisions of the sexual assault laws directly reference
consent. For example:
1. first degree sexual assault includes engaging in sexual
intercourse with someone who is mentally incapacitated to the
extent that the person cannot consent (CGS § 53a-70(a)(4));
2. second degree sexual assault includes engaging in sexual
intercourse with someone who is impaired due to mental
disability or disease to the extent that the person cannot consent
(CGS § 53a-71(a)(2)); and
3. fourth degree sexual assault includes subjecting someone to
sexual contact without the person’s consent (CGS § 53a-
73a(a)(2)).
EFFECTIVE DATE: October 1, 2022
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 33 Nay 5 (03/31/2022)