State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-37 > 11-37-1

SECTION 11-37-1

   § 11-37-1  Definitions. – The following words and phrases, when used in this chapter, have the followingmeanings:

   (1) "Accused" means a person accused of a sexual assault.

   (2) "Force or coercion" means when the accused does any ofthe following:

   (i) Uses or threatens to use a weapon, or any article used orfashioned in a manner to lead the victim to reasonably believe it to be aweapon.

   (ii) Overcomes the victim through the application of physicalforce or physical violence.

   (iii) Coerces the victim to submit by threatening to useforce or violence on the victim and the victim reasonably believes that theaccused has the present ability to execute these threats.

   (iv) Coerces the victim to submit by threatening to at sometime in the future murder, inflict serious bodily injury upon or kidnap thevictim or any other person and the victim reasonably believes that the accusedhas the ability to execute this threat.

   (3) "Intimate parts" means the genital or anal areas, groin,inner thigh, or buttock of any person or the breast of a female.

   (4) "Mentally disabled" means a person who has a mentalimpairment which renders that person incapable of appraising the nature of theact.

   (5) "Mentally incapacitated" means a person who is renderedtemporarily incapable of appraising or controlling his or her conduct due tothe influence of a narcotic, anesthetic, or other substance administered tothat person without his or her consent, or who is mentally unable tocommunicate unwillingness to engage in the act.

   (6) "Physically helpless" means a person who is unconscious,asleep, or for any other reason is physically unable to communicateunwillingness to an act.

   (7) "Sexual contact" means the intentional touching of thevictim's or accused's intimate parts, clothed or unclothed, if that intentionaltouching can be reasonably construed as intended by the accused to be for thepurpose of sexual arousal, gratification, or assault.

   (8) "Sexual penetration" means sexual intercourse,cunnilingus, fellatio, and anal intercourse, or any other intrusion, howeverslight, by any part of a person's body or by any object into the genital oranal openings of another person's body, or the victim's own body upon theaccused's instruction, but emission of semen is not required.

   (9) "Spouse" means a person married to the accused at thetime of the alleged sexual assault, except that such persons shall not beconsidered the spouse if the couple are living apart and a decision for divorcehas been granted, whether or not a final decree has been entered.

   (10) "Victim" means the person alleging to have beensubjected to sexual assault.

State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-37 > 11-37-1

SECTION 11-37-1

   § 11-37-1  Definitions. – The following words and phrases, when used in this chapter, have the followingmeanings:

   (1) "Accused" means a person accused of a sexual assault.

   (2) "Force or coercion" means when the accused does any ofthe following:

   (i) Uses or threatens to use a weapon, or any article used orfashioned in a manner to lead the victim to reasonably believe it to be aweapon.

   (ii) Overcomes the victim through the application of physicalforce or physical violence.

   (iii) Coerces the victim to submit by threatening to useforce or violence on the victim and the victim reasonably believes that theaccused has the present ability to execute these threats.

   (iv) Coerces the victim to submit by threatening to at sometime in the future murder, inflict serious bodily injury upon or kidnap thevictim or any other person and the victim reasonably believes that the accusedhas the ability to execute this threat.

   (3) "Intimate parts" means the genital or anal areas, groin,inner thigh, or buttock of any person or the breast of a female.

   (4) "Mentally disabled" means a person who has a mentalimpairment which renders that person incapable of appraising the nature of theact.

   (5) "Mentally incapacitated" means a person who is renderedtemporarily incapable of appraising or controlling his or her conduct due tothe influence of a narcotic, anesthetic, or other substance administered tothat person without his or her consent, or who is mentally unable tocommunicate unwillingness to engage in the act.

   (6) "Physically helpless" means a person who is unconscious,asleep, or for any other reason is physically unable to communicateunwillingness to an act.

   (7) "Sexual contact" means the intentional touching of thevictim's or accused's intimate parts, clothed or unclothed, if that intentionaltouching can be reasonably construed as intended by the accused to be for thepurpose of sexual arousal, gratification, or assault.

   (8) "Sexual penetration" means sexual intercourse,cunnilingus, fellatio, and anal intercourse, or any other intrusion, howeverslight, by any part of a person's body or by any object into the genital oranal openings of another person's body, or the victim's own body upon theaccused's instruction, but emission of semen is not required.

   (9) "Spouse" means a person married to the accused at thetime of the alleged sexual assault, except that such persons shall not beconsidered the spouse if the couple are living apart and a decision for divorcehas been granted, whether or not a final decree has been entered.

   (10) "Victim" means the person alleging to have beensubjected to sexual assault.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-11 > Chapter-11-37 > 11-37-1

SECTION 11-37-1

   § 11-37-1  Definitions. – The following words and phrases, when used in this chapter, have the followingmeanings:

   (1) "Accused" means a person accused of a sexual assault.

   (2) "Force or coercion" means when the accused does any ofthe following:

   (i) Uses or threatens to use a weapon, or any article used orfashioned in a manner to lead the victim to reasonably believe it to be aweapon.

   (ii) Overcomes the victim through the application of physicalforce or physical violence.

   (iii) Coerces the victim to submit by threatening to useforce or violence on the victim and the victim reasonably believes that theaccused has the present ability to execute these threats.

   (iv) Coerces the victim to submit by threatening to at sometime in the future murder, inflict serious bodily injury upon or kidnap thevictim or any other person and the victim reasonably believes that the accusedhas the ability to execute this threat.

   (3) "Intimate parts" means the genital or anal areas, groin,inner thigh, or buttock of any person or the breast of a female.

   (4) "Mentally disabled" means a person who has a mentalimpairment which renders that person incapable of appraising the nature of theact.

   (5) "Mentally incapacitated" means a person who is renderedtemporarily incapable of appraising or controlling his or her conduct due tothe influence of a narcotic, anesthetic, or other substance administered tothat person without his or her consent, or who is mentally unable tocommunicate unwillingness to engage in the act.

   (6) "Physically helpless" means a person who is unconscious,asleep, or for any other reason is physically unable to communicateunwillingness to an act.

   (7) "Sexual contact" means the intentional touching of thevictim's or accused's intimate parts, clothed or unclothed, if that intentionaltouching can be reasonably construed as intended by the accused to be for thepurpose of sexual arousal, gratification, or assault.

   (8) "Sexual penetration" means sexual intercourse,cunnilingus, fellatio, and anal intercourse, or any other intrusion, howeverslight, by any part of a person's body or by any object into the genital oranal openings of another person's body, or the victim's own body upon theaccused's instruction, but emission of semen is not required.

   (9) "Spouse" means a person married to the accused at thetime of the alleged sexual assault, except that such persons shall not beconsidered the spouse if the couple are living apart and a decision for divorcehas been granted, whether or not a final decree has been entered.

   (10) "Victim" means the person alleging to have beensubjected to sexual assault.