Greensburg —
The Indiana State Legislature formally considered House Bill 1080 in committee hearing Friday afternoon, a bill which would amend a loophole in Indiana's current sexual battery statute.
The bill, introduced by Indiana State Representative Randy Frye (R-Greensburg), would add another section to Indiana's sexual battery law to include and protect victims unaware that sexual touching occurs.
Decatur County prosecutor Jim Rosenberry first brought the issue to Frye's attention following a case prosecuted by his office last summer.
"In the case in question," Rosenberry said, "the perpetrator sexually touched a young girl while she was sleeping. Because of a loophole in the statute, the defendant could only be charged with misdemeanor battery. I was shocked such a loophole exists in Indiana law and knew it had to be changed."
Under the current statute, Rosenberry explained, if a victim isn't aware of the touching, he or she isn't a victim of sexual battery.
According to Frye, Rosenberry isn't the only one shocked by the loophole.
"I've found that prosecutors and law enforcement across the state are really surprised regarding the statute's wording," Frye said. "1080 will close the loophole and define rape or sexual assault the same way whether the victim's awake or asleep."
Frye congratulated Rosenberry for pursuing the issue and for bringing it to the attention of his local representative, while Rosenberry commended Frye for taking swift action.
Frye also praised Rosenberry's Friday speech before the House committee.
"Jim's a prosecuting attorney with intimate knowledge of the law," Frye said. "He made a very strong, persuasive case before the committee."
In fact, Frye added, Rosenberry's presentation helped push the bill through committee without opposition.
"That's pretty rare and impressive," Frye said. "It speaks of Jim's knowledge and understanding of the law."
Friday's committee hearing was the first step in a long process of passing the measure law into law, Frye said.
The next step, he added, will be a second reading in the full house, where any possible amendments to the bill will be proposed; that step's followed by a third House reading and then a vote.
"Then the process starts all over in the Senate," Frye said, adding, "It's not easy passing a bill into law, and that's the way it should be."
Regardless, Frye expressed optimism that 1080 could be passed and ready for Governor Daniels' signature by the end of the current legislative session in March.
The governor's signature is the final step in the process and formally makes any state bill a new law.
Contact: Robert Cox at 812-663-3111 x7011.
News
Frye, Rosenberry collaborate on sexual battery statute
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