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Minutes for HB2120 - Committee on Judiciary
Short Title
Removing the spousal exception from the crime of sexual battery.
Minutes Content for Tue, Feb 2, 2021
Chairperson Patton opened the hearing on HB2120. Natalie Scott provided an overview of HB2120. (Attachment 1) Ms. Scott provided the information from this bill being introduced two years ago and answered questions from the membership.
Julie Donelon provided testimony in support of HB2120 (Attachment 2) on behalf of Metropolitan Organization to Counter Sexual Assault, Ms. Donelon stated as a society, they have made so much progress over the last fifty years in our understanding of sexual violence and our work to support victims and hold perpetrators accountable. Part of this work has been to break through the myths and misconceptions about sexual violence and shed light on the reality of the problem. They know that sexual assault is more likely be committed by someone a victim knows, and according to the Rape, Abuse and Incest National Network (RAINN), about 33% of assaults are committed by an intimate partner. They have worked to remove spousal exemptions from almost all sexual offenses in our State, and they are proud to support this legislation to remove this remaining vestige of the past.
Sara Rust-Martin provided testimony in support of HB2120. (Attachment 3) Ms. Rust-Martin stated although marital rape is illegal in the United States, Kansas is one of eight states continuing to allow exceptions for sexually based crimes when the offender is the spouse of the victim. This archaic thinking dates back to 17th century common law, when a women’s unconditional sexual consent was considered part of the marital contract. She explained allowing this spousal exception to continue is comparable to memorializing and honoring a belief and a system rooted in disenfranchisement, violence, and misogyny. Kansas strives to do what is right for its people, communities, and state. The exception for spousal sexual battery is wrong. It must be changed. The Coalition and our 26 member programs in the Kansas Coalition Against Sexual & Domestic Violence again asks for the immediate passage of HB2120.
Those testifying answered questions from the membership.
Chairperson Patton closed the hearing on HB2120.
