CHAPTER 440

FORMERLY

HOUSE BILL NO. 563

AN ACT TO AMEND SUBCHAPTER II, SUBPART D, SECTION 761(g) OF TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF "WITHOUT CONSENT" IN SEX CRIME PROSECUTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend subchapter II, subpart D, section 761(g), Title 11, by redesignating current subparagraph (4) as new subparagraph (5).

Section 2. Amend subchapter II, subpart D, section 761(g), Title 11, by adding a new subparagraph (4) thereto to read as follows:

"(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi, or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested. For purposes of this paragraph, 'health professional' includes all individuals who are licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services, diagnosis, treatment, or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists, and hypnotherapists."

Approved July 15, 1994