CONWAY, SC (WBTW)- A “Bill of Rights” for survivors of sexual assault has been introduced in South Carolina.
Right now, South Carolina law does not clearly define consent, and this bill will change that.
Representative Mandy Powers Norrell, of Lancaster, proposed the legislation and hopes it will close loopholes.
Solicitor Jimmy Richardson said rape cases can be some of the hardest to prosecute “because usually it’s a he said, she said type situation.”
Some definitions laid out in the current law include: a current or previous dating, social, or sexual relationship, or the manner of dress of a person involved does not constitute consent.
The statute defines when someone is mentally incapacitated or physically helpless like unconscious, asleep, or physically unable to communicate.
“There are people in this state who would believe a previous dating relationship or the way someone is dressed could constitute consent,” said Rep. Norrell.
The proposed legislation would also create a new crime called “rape by fraud.” Rep. Norrell cites an incident at Purdue University that she said due to a loophole, did not allow a rape prosecution.
“Her boyfriend and his friend switched places, and she had sex with the man in her bed thinking it was her boyfriend until she touched his hair and realized it was someone else,” said Norrell.
The “Bill of Rights” also includes, free forensic examinations, a victim’s advocate of the survivor’s choosing, and the option to be interviewed by a law enforcement officer of the gender of the survior’s choosing.
Right now in Horry County, 140 people await trial on rape charges.
According to the Rape Abuse and Incest National Network, out of 1,000 rape cases, only five cases lead to a felony conviction.
“You never want to discourage anybody from going forward. I don’t think this bill does that. It’s more of a help to police and then later to prosecutors on what to do with the information once it’s collected,” said Solicitor Jimmy Richardson.
Rep.Norrell said she also proposed anonymous reporting and anonymous reporting on college campuses. The bill is currently in the judiciary committee.
To read the full legislation on defining consent, click here.
To read full legislation on sexual assault victims “Bill of Rights,” click here.
