Friday, December 16, 2016

SB 29


LC0272
Diane Sands

6 comments:

  1. STRONGLY support. The revision of Montana's sexual crimes laws is critical to improving outcomes for victims of these crimes and holding offenders accountable.

    ReplyDelete
  2. Per Jason Marks: "I agree with Shantelle and would highlight two specific changes in this proposed legislation.

    I think the change to Section 2 definition (41) is very important our community. As prosecutors in a university town we see many reports of sexual assault involving victims who are very impaired by alcohol and to a lesser extent recreational drugs. Under the current definition of “mentally incapacitated,” practically speaking we need a victim who is intoxicated to the point of being unresponsive if we want to successfully prosecute the case. The proposed change in definition will facilitate the successful prosecution of people who target victims who are obviously very impaired (i.e. unable to walk without help, throwing up, having to be put to bed with help of their friends, etc.) but still conscious and able to talk.

    I would also highlight the proposed change to the definition of consent in Section 3. We should all be able to agree that when someone says “no” with regard to sexual intercourse the law should recognize that if the other party continues they are committing a rape. Unfortunately that is not the current state of the law. We see cases where a victim expresses that they do not want to have sex but then freeze up and do not resist when the perpetrator continues. When the perpetrator does not use force, deception, coercion, or surprise, we are left with a situation where a victim has clearly said “no” a perpetrator disregarded that and had sexual intercourse with the victim, and we are left with a misdemeanor sexual assault."

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  3. Sending the following message to Senators Fielder and Sands before Jan. 6 committee hearing:

    Missoula County strongly supports SB 29 – revising laws regarding sexual crimes before Senate Judiciary tomorrow morning. We thank [you,]Senator Sands[,] for carrying this bill. The revision of Montana’s sexual crime laws is critical to improving outcomes for victims and holds offenders accountable. The County Attorney’s Office sees many reports of sexual assault involving victims who are very impaired by alcohol, and to a lesser extent, recreational drugs. Under the current definition of “mentally incapacitated,” practically speaking, prosecutors need a victim who is intoxicated to the point of being unresponsive if they want to successfully prosecute the case. The proposed change in definition will facilitate the successful prosecution of people who target victims who are obviously very impaired (i.e., unable to walk without help, throwing up, having to be put to bed with help of their friends, etc.) but still conscious and able to talk.
    Please support SB 29.
    Respectfully,
    Vickie Zeier on behalf of the Missoula County Commissioners

    ReplyDelete
  4. Sending the following to MC Senators on the floor:

    Senators,
    Missoula County strongly supports SB 29 – revising laws regarding sexual crimes, on the Senate floor this afternoon, and thanks Senator Sands for carrying this legislation.
    The revision of Montana’s sexual crime laws is critical to improving outcomes for victims and holds offenders accountable. The County Attorney’s Office sees many reports of sexual assault involving victims who are very impaired by alcohol, and to a lesser extent, recreational drugs. Under the current definition of “mentally incapacitated,” practically speaking, prosecutors need a victim who is intoxicated to the point of being unresponsive if they want to successfully prosecute the case. The proposed change in definition will facilitate the successful prosecution of people who target victims who are obviously very impaired (i.e., unable to walk without help, throwing up, having to be put to bed with help of their friends, etc.) but still conscious and able to talk.
    Please support SB 29.

    ReplyDelete
  5. Sending the following on Friday (3/24) at 8 a.m.:

    Representatives Hill-Smith, McConnell, and Morigeau,
    Missoula County strongly supports SB 29 – Revising laws regarding sexual crimes, being heard in House Judiciary tomorrow morning. The revision of Montana’s sexual crime laws is critical to improving outcomes for victims and holds offenders accountable. The County Attorney’s Office sees many reports of sexual assault involving victims who are very impaired by alcohol, and to a lesser extent, recreational drugs. Under the current definition of “mentally incapacitated,” practically speaking, prosecutors need a victim who is intoxicated to the point of being unresponsive if they want to successfully prosecute the case. The proposed change in definition will facilitate the successful prosecution of people who target victims who are obviously very impaired (i.e., unable to walk without help, throwing up, having to be put to bed with help of their friends, etc.) but still conscious and able to talk.
    Please support SB 29.

    ReplyDelete
  6. Sending the following today at noon:

    Representatives,
    Missoula County strongly supports SB 29 – Revising laws regarding sexual crimes, being heard on the House floor this afternoon. The revision of Montana’s sexual crime laws is critical to improving outcomes for victims and holds offenders accountable. The County Attorney’s Office sees many reports of sexual assault involving victims who are very impaired by alcohol, and to a lesser extent, recreational drugs. Under the current definition of “mentally incapacitated,” practically speaking, prosecutors need a victim who is intoxicated to the point of being unresponsive if they want to successfully prosecute the case. The proposed change in definition will facilitate the successful prosecution of people who target victims who are obviously very impaired (i.e., unable to walk without help, throwing up, having to be put to bed with help of their friends, etc.) but still conscious and able to talk.
    Please support SB 29.

    ReplyDelete

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