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General Assembly Substitute Bill No. 5472
February Session, 2022
AN ACT CONCERNING SEXUAL ASSAULT AND THE ABSENCE OF
CONSENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 53a-65 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2022): 2
As used in this part, the following terms have the following 3
meanings: 4
(1) "Actor" means a person accused of sexual assault. 5
(2) "Sexual intercourse" means vaginal intercourse, anal intercourse, 6
fellatio or cunnilingus between persons regardless of sex. Penetration, 7
however slight, is sufficient to complete vaginal intercourse, anal 8
intercourse or fellatio and does not require emission of semen. 9
Penetration may be committed by an object manipulated by the actor 10
into the genital or anal opening of the victim's body. 11
(3) "Sexual contact" means any contact with the intimate parts of a 12
person for the purpose of sexual gratification of the actor or for the 13
purpose of degrading or humiliating such person or any contact of the 14
intimate parts of the actor with a person for the purpose of sexual 15
gratification of the actor or for the purpose of degrading or humiliating 16 Substitute Bill No. 5472
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such person. 17
(4) "Impaired because of mental disability or disease" means that a 18
person suffers from a mental disability or disease which renders such 19
person incapable of appraising the nature of such person's conduct. 20
(5) "Mentally incapacitated" means that a person is rendered 21
temporarily incapable of appraising or controlling such person's 22
conduct owing to the influence of a drug or intoxicating substance 23
administered to such person without such person's consent, or owing to 24
any other act committed upon such person without such person's 25
consent. 26
(6) "Physically helpless" means that a person is (A) unconscious, or 27
(B) for any other reason, is physically unable to resist an act of sexual 28
intercourse or sexual contact or to communicate unwillingness to an act 29
of sexual intercourse or sexual contact. 30
(7) "Use of force" means: (A) Use of a dangerous instrument; or (B) 31
use of actual physical force or violence or superior physical strength 32
against the victim. 33
(8) "Intimate parts" means the genital area or any substance emitted 34
therefrom, groin, anus or any substance emitted therefrom, inner thighs, 35
buttocks or breasts. 36
(9) "Psychotherapist" means a physician, psychologist, nurse, 37
substance abuse counselor, social worker, clergyman, marital and 38
family therapist, mental health service provider, hypnotist or other 39
person, whether or not licensed or certified by the state, who performs 40
or purports to perform psychotherapy. 41
(10) "Psychotherapy" means the professional treatment, assessment 42
or counseling of a mental or emotional illness, symptom or condition. 43
(11) "Emotionally dependent" means that the nature of the patient's 44
or former patient's emotional condition and the nature of the treatment 45 Substitute Bill No. 5472
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provided by the psychotherapist are such that the psychotherapist 46
knows or has reason to know that the patient or former patient is unable 47
to withhold consent to sexual contact by or sexual intercourse with the 48
psychotherapist. 49
(12) "Therapeutic deception" means a representation by a 50
psychotherapist that sexual contact by or sexual intercourse with the 51
psychotherapist is consistent with or part of the patient's treatment. 52
(13) "School employee" means: (A) A teacher, substitute teacher, 53
school administrator, school superintendent, guidance counselor, 54
school counselor, psychologist, social worker, nurse, physician, school 55
paraprofessional or coach employed by a local or regional board of 56
education or a private elementary, middle or high school or working in 57
a public or private elementary, middle or high school; or (B) any other 58
person who, in the performance of his or her duties, has regular contact 59
with students and who provides services to or on behalf of students 60
enrolled in (i) a public elementary, middle or high school, pursuant to a 61
contract with the local or regional board of education, or (ii) a private 62
elementary, middle or high school, pursuant to a contract with the 63
supervisory agent of such private school. 64
(14) "Consent" means the unambiguous, informed and voluntary 65
manifestation of agreement freely given without the use of force, fraud 66
or coercion by each person who actively agrees to engage in a sexual act. 67
Prior participation by a person in a sexual act, the absence of verbal 68
resistance by a person to a sexual act or the withdrawal by a person from 69
such agreement to engage in a sexual act do not constitute consent. 70
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 53a-65
JUD Joint Favorable Subst.