Governor signs updated rape law inspired by 2017 Purdue case - Shelbynews
Indiana Gov. Eric Holcomb signed into law Monday an update to the state's rape law that closed a loophole in Indiana’s rape statute to ensure those who commit rape by impersonation are held accountable, according to a press release.
State Rep. Sharon Negele (R-Attica) said her bill stemmed from a case involving a Lafayette student in 2017 who had sex with a man she believed was her boyfriend in a dark dorm room. He later admitted to the act but was acquitted of rape because of a gap in state law.
According to Negele, member of the House Courts and Criminal Code Committee, her legislation would make it a crime for someone to pose as the victim’s normal, consensual partner since they are removing the victim’s right to consent.
“In 2017, I was stunned to learn of the tragic situation involving a local college student who was deceived and sexually violated by someone impersonating her boyfriend, and she was unable to get justice because of a loophole in state law,” Negele said in a news release. “We have to protect victims from these violent, life-altering crimes, and make sure they know the law is on their side.”
Until this law, Negele said the state did not define consent and only required that a person charged with rape had to knowingly or intentionally cause another person to perform or submit to sexual conduct in one of three ways, including force, mentally disabled or mentally deficient, or unaware the sex is occurring.
"Our state's rape statute has not been updated since the 1800s, which has led to case law dictating the outcome of rape cases in Indiana because there was no legal definition of consent for a judge or jury to go off of when determining if a person was guilty," said Negele, a member of the House Courts and Criminal Code Committee. "I believe we still have more work to do."
According to Negele, the new definition will also be placed solely within the rape statute, so it cannot be erroneously used. It shifts the focus from the actions of the victim to the intention of the perpetrator in relation to what they are witnessing and doing. Negele said this change will ensure that victims can bring their case forward and be able to articulate why and how they did not consent.
This article originally ran on purdueexponent.org.
source: https://www.shelbynews.com/news/state/governor-signs-updated-rape-law-inspired-by-2017-purdue-case/article_7a43e2ed-c374-53f3-9c3f-f4f6b8ca5f95.html
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