Bill Summaries: H849 (2011-2012 Session)

  • Summary date: Apr 8 2011 - View summary

    Makes third degree rape, continuing to engage in vaginal intercourse with another person after consent is withdrawn, a Class E felony. Provides that a person who initially consents to vaginal intercourse is not deemed to have consented to penetration occurring after the person withdraws consent during the course of that intercourse and allows a person to withdraw consent during the vaginal intercourse even if actual penetration is in progress or accomplished with consent and even if there is only one act of vaginal intercourse. Requires withdrawal of consent to be clearly communicated in a way that a reasonable person would understand to constitute withdrawal of consent. Applies to offenses committed on or after December 1, 2011.