The Senate voted unanimously to remove V.I. law exempting spouses from several categories of sexual assault and rape on Thursday during a busy session that saw the passage of legislation creating new criminal law in areas from cyber crimes to parole notification.
The bill sponsored by Sen. Sammuel Sanes adds in its summary "protections for spouses, men and women, who are the victims of actions that constitute rape or unlawful sexual contact in aggravated domestic violence instances."
Currently in the V.I. Code, the definitions of aggravated rape, rape in the second and third degree, and unlawful sexual contact all explicitly say it is only rape or sexual assault if the victim is "not the perpetrator’s spouse." The definition of first degree rape does not include this language. Sanes’ bill simply deletes the phrases "and not the perpetrator’s spouse" from each offense definition. Police testified during committee hearings on the bill that the change, while welcome, will not affect how police treat spousal rape, because police use the first degree rape charge, which does not have a spousal exemption.
The otherwise uncontroversial measure generated some national outrage, in Ebony Magazine and Salon.com, when Sen. Alicia "Chucky" Hansen said during committee hearings that she did not understand how sex between spouses can be rape, before voting against the measure.
‘(If) it is forcefully against the will of a spouse then that is a problem. But if a woman says no and he still wants something, I don’t know how you can call it rape. Maybe because I am not a "no" person, I don’t know,” Hansen said at the time. (See related links below)
Hansen joined her colleagues in unanimously voting for the bill during Thursday’s session. She said she voted against the bill previously because “the issue related to a husband kissing the lips of a wife wanting to be included in rape. I will not support that.”
The bill does not mention kissing. It removes language saying a spouse is exempt from second and third degree rape charges. There was no testimony or discussion during the Sept. 11 hearing that indicated kissing a spouse constituted rape.
The Senate approved a cyber-crimes bill from Sen. Diane Capehart that would make it a felony punishable by up to five years in prison to use computers, or information on computers, or to send information online or through a computer network, for a fraudulent purpose. It also would make it a felony to destroy data or software that is required by law to be kept, or to obstruct an investigation by destroying data or equipment.
Stealing computer equipment or data worth more than $500 would be a felony and, if it is valued at less than $500, it would be a misdemeanor. Using a computer or smartphone to stalk or harass someone "for the sole purpose" of harassing them would be a misdemeanor, and if the person is doing so in violation of a restraining order, it would be a felony.
It also approved a bill from Sen. Nereida “Nellie” Rivera-O’Reilly imposing new regulations on the V.I. scrap metal industry, aimed at preventing theft and vandalism for profit. The bill requires scrap metal dealers to be licensed and to keep records of their suppliers, in a similar fashion as cash-for-gold businesses currently are mandated to do. It also specifically prohibits the sale of metal infrastructure that would not normally be on the market, such as guardrails, road signs, utility lines, manhole covers and so on.
It gives the police the power to put a hold notice on a scrap metal dealer or recycler if there is a reasonable suspicion that there are stolen materials.
A dealer breaking this law the first time is subject to a misdemeanor conviction and up to four days in jail and a fine of $500. Anyone who commits a third or subsequent violation is guilty of a felony, punishable by up to 18 months in prison and a fine of $5,000 or double the loss suffered by a victim.
The bill would forbid any cash transactions in excess of $100 for scrap metal.
It also passed a bill from Sen. Kenneth Gittens to expand the perimeter within which it is a violation to carry an unlicensed firearm from 100 feet to 1,000 feet. Under existing law, double penalties apply to those caught with a weapon within 100 feet of a school, youth center, public swimming pool or beach. The measure sponsored increases the distance and adds school bus stops to the list of prohibited locations. An amendment from Sanes added churches and places of worship to the list of prohibited locations.
The Senate also approved crime-related bills:
– sponsored by Sanes making it illegal for a person convicted of a violent felony to possess body armor;
– from Sanes, Gittens and Sen. Judi Buckley making it a felony for a prison inmate to throw any bodily fluid at anyone, anywhere, if they know they have a contagious disease, and a misdemeanor if not;
– to add peace officer status to an array of law enforcement personnel at the Legislature, in Superior Court, at V.I Waste Management Authority and elsewhere in the V.I. Government, giving them the arrest powers that come with it;
– and with multiple sponsors, requiring that the territorial parole board notify victims when an inmate is paroled.
All the preceding measures were approved unanimously, with 14 senators voting yea and Sen. Donald Cole absent.
