HOUSE OF REPRESENTATIVES

H.B. NO.

597

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to sexual assault.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part I to be appropriately designated and to read as follows:

"304A-   Affirmative consent policy. (a) The board of regents of the university shall adopt a sexual assault policy for all students enrolled at the university that includes:

(1) An affirmative consent standard in the determination of whether consent was given by parties to engage in sexual conduct;

(2) A standard that affirmative consent must be ongoing throughout sexual conduct and can be revoked at any time;

(3) A policy that, in the evaluation of complaints, the following circumstances shall not constitute affirmative consent:

(A) Lack of protest, lack of resistance, or silence on the part of the complainant;

(B) The existence of a dating relationship between the complainant and the accused; or

(C) Prior sexual conduct of the complainant or the accused;

(4) A policy that, in the evaluation of complaints, the following circumstances shall preclude an assumption of affirmative consent:

(A) The complainant was asleep or unconscious;

(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication; or

(C) The complainant was affected by bodily injury;

(5) Procedures for confidential reporting of sexual assault by victims and third parties;

(6) Appropriate privacy protections for complainants, including confidentiality;

(7) Procedures for notifying a victim about the availability of, and contact information for, resources and services, including but not limited to counseling, health, mental health, victim advocacy, legal assistance, and rape crisis centers;

(8) A comprehensive training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking; and

(9) Sexual assault prevention and response training as part of student orientation.

(b) As used in this section:

"Affirmative consent" means affirmative, unambiguous, conscious, and voluntary agreement to engage in sexual conduct, whereby it is the responsibility of each person involved in sexual conduct to ensure that the person has the affirmative consent of the other party or parties to engage in sexual conduct, which shall be ongoing and may be revoked at any time. "Sexual conduct" means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

University of Hawaii; Affirmative Consent Policy

 

Description:

Requires the Board of Regents to adopt a sexual assault policy that includes an affirmative consent standard.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.