Errington co-authored legislation to empower sexual assault survivors passes House

INDIANAPOLIS – House Bill 1079: Elements of rape, co-authored by State Rep. Sue Errington (D-Muncie), passed the House today with a vote of 84-3.

House Bill 1079 expands the definition of rape in Indiana Code to include rape committed by impersonation and rape committed when the victim has expressed a lack of consent through words or conduct.

As it stands, a sexual assault is only defined as an “act of rape” (IC 31-9-2-0.9) in Indiana if it is committed by threat of or use of force; results in serious bodily injury; is facilitated by a drug or controlled substance; or committed against a victim who is unable to consent due to mental disability.

While 1 in 5 Hoosier women have been sexually assaulted, 85% of assaults are not reported to the police. A victim may choose not to report an assault for a variety of reasons, including the lack of belief that the assailant will be prosecuted or otherwise held accountable for their actions.

“I am proud that the House voted to stand in solidarity with sexual assault survivors,” Errington said. “Over the past two years, we have heard numerous firsthand accounts from survivors and advocates, pleading with lawmakers to modernize Indiana's definition of rape.

“Indiana's antiquated rape statute is allowing assailants to escape prosecution and robbing survivors of the closure and healing they deserve. By modernizing our definition of rape, we are setting clear boundaries that will help all Hoosiers to better understand what is consensual and what is not. I look forward to working with my colleagues in the Senate to pass this crucial piece of legislation.”

House Bill 1079 will now move to the Senate for consideration.