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General Assembly Raised Bill No. 1182
January Session, 2023
LCO No. 5276
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CLARIFYING THE MEANINGS OF SEXUAL INTERCOURSE
AND SEXUAL CONTACT.
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 Section 53a-65 of the general statutes is repealed and the 1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 from passage and 2
applicable to acts occurring before, on and after said date): 3
As used in this part, the following terms have the following 4
meanings: 5
(1) "Actor" means a person accused of sexual assault. 6
(2) "Sexual intercourse" means a single act or multiple acts that occur 7
over a period of time as a continuous course of conduct, that include 8
vaginal intercourse, anal intercourse, fellatio or cunnilingus between 9
persons regardless of sex. Penetration, however slight, is sufficient to 10
complete vaginal intercourse, anal intercourse or fellatio and does not 11
require emission of semen. Penetration may be committed by an object 12
manipulated by the actor into the genital or anal opening of the victim's 13
body. 14 Raised Bill No. 1182
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(3) "Sexual contact" means a single act or multiple acts that occur over 15
a period of time as a continuous course of conduct, that include any 16
contact with the intimate parts of a person for the purpose of sexual 17
gratification of the actor or for the purpose of degrading or humiliating 18
such person or any contact of the intimate parts of the actor with a 19
person for the purpose of sexual gratification of the actor or for the 20
purpose of degrading or humiliating such person. 21
(4) "Impaired because of mental disability or disease" means that a 22
person suffers from a mental disability or disease which renders such 23
person incapable of appraising the nature of such person's conduct. 24
(5) "Mentally incapacitated" means that a person is rendered 25
temporarily incapable of appraising or controlling such person's 26
conduct owing to the influence of a drug or intoxicating substance 27
administered to such person without such person's consent, or owing to 28
any other act committed upon such person without such person's 29
consent. 30
(6) "Physically helpless" means that a person is (A) unconscious, or 31
(B) for any other reason, is physically unable to resist an act of sexual 32
intercourse or sexual contact or to communicate unwillingness to an act 33
of sexual intercourse or sexual contact. 34
(7) "Use of force" means: (A) Use of a dangerous instrument; or (B) 35
use of actual physical force or violence or superior physical strength 36
against the victim. 37
(8) "Intimate parts" means the genital area or any substance emitted 38
therefrom, groin, anus or any substance emitted therefrom, inner thighs, 39
buttocks or breasts. 40
(9) "Psychotherapist" means a physician, psychologist, nurse, 41
substance abuse counselor, social worker, clergyman, marital and 42
family therapist, mental health service provider, hypnotist or other 43
person, whether or not licensed or certified by the state, who performs 44
or purports to perform psychotherapy. 45 Raised Bill No. 1182
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(10) "Psychotherapy" means the professional treatment, assessment 46
or counseling of a mental or emotional illness, symptom or condition. 47
(11) "Emotionally dependent" means that the nature of the patient's 48
or former patient's emotional condition and the nature of the treatment 49
provided by the psychotherapist are such that the psychotherapist 50
knows or has reason to know that the patient or former patient is unable 51
to withhold consent to sexual contact by or sexual intercourse with the 52
psychotherapist. 53
(12) "Therapeutic deception" means a representation by a 54
psychotherapist that sexual contact by or sexual intercourse with the 55
psychotherapist is consistent with or part of the patient's treatment. 56
(13) "School employee" means: (A) A teacher, substitute teacher, 57
school administrator, school superintendent, guidance counselor, 58
school counselor, psychologist, social worker, nurse, physician, school 59
paraprofessional or coach employed by a local or regional board of 60
education or a private elementary, middle or high school or working in 61
a public or private elementary, middle or high school; or (B) any other 62
person who, in the performance of his or her duties, has regular contact 63
with students and who provides services to or on behalf of students 64
enrolled in (i) a public elementary, middle or high school, pursuant to a 65
contract with the local or regional board of education, or (ii) a private 66
elementary, middle or high school, pursuant to a contract with the 67
supervisory agent of such private school.68
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage and
applicable to acts occurring
before, on and after said
date
53a-65
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Statement of Purpose:
To clarify the meanings of "sexual intercourse" and "sexual contact"
following the Connecticut Supreme Court rulings in State v. Douglas C.
and State v. Joseph V.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]