The Senate passed legislation on Monday morning that removes the defense of marriage from the definition of sexual contact and removes marriage as a defense to first and third-degree sexual assault.
Senator Ryan Weld (R-Brooke, 01) described Senate Bill 190 today on the Senate Floor:
“Sexual abuse currently in code has a marital exception in West Virginia. If you touch your spouse in a manner of forcible compulsion you cannot be convicted of a crime,” Weld said. “The focus of this bill is forcible compulsion. This isn’t just innocent touching. The marital exception has existed in state code for some time, and the time is long overdue to correct this injustice.”
Weld laid out the definition of forcible compulsion in the bill as: “physical force that overcomes earnest resistance, or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself/herself.”
In discussion in the Senate Judiciary Committee last week, the prosecuting attorney for Monongalia County told lawmakers that the marital exemption is a significant barrier to prosecution in crimes involving a marriage.
The prosecutor described these cases as “wildly under reported” and expressed the view that this exemption creates another hurdle for victims of sexual abuse and sexual assault to come forward and feel comfortable that they have adequate protection in West Virginia
Opponents of the bill in committee voiced concerns about false reporting and “he said, she said” arguments.
The legislation now heads to the House of Delegates for consideration.
UPDATE
The Senate returned at 5:45 p.m. to complete its calendar for the day and to receive additional committee reports.
The Senate is adjourned until tomorrow, Feb. 27, at 11 a.m.
Morning Meetings to 2/27:
Education at 10 a.m. in 451M
Government Organization at 10 a.m. in 208W
