RALEIGH, NC (WBTV) – The North Carolina House of Representatives passed a bill Monday that would modernize sexual assault laws in the state. The bill will now head to the Senate for consideration.

House Bill 393 aims to modernize sexual assault laws to better protect children and young adults from assault and ensure more safe social settings.

The bill is inspired by Leah McGuirk, a Charlotte woman who came forward in 2018, after she said her drink was drugged at an Uptown bar. She discovered in North Carolina, there was no clear law against drugging someone’s drink.

She contacted Representative Chaz Beasley (D-Mecklenburg) in 2018 and worked with his office to close the loophole that prevented her case from being investigated by the Charlotte Mecklenburg Police Department.

[ New NC bill would update sexual assault laws prompted by Charlotte woman’s experience ]

State Representatives Chaz Beasley (D-Mecklenburg), Jay Adams (R-Catawba), Gale Adcock (D-Wake) and Jamie Boles, Jr (R-Moore) introduced the House Bill 393 in March 2019.

The bill contains the following sections:

• Clarify definition for the term “caretaker” used In juvenile code.

• Prohibit the knowing distribution of a beverage that contains any substance that could be injurious to a person’s health.

• Amend the definition of the term “mentally incapacitated.”

The bill makes it unlawful for any person to knowingly distribute, sell or give away food, beverage, or other eatable or drinkable substance that contains a controlled substance, poisonous chemical or any other type of harmful substance.

In addition to drink tampering, House Bill 393 holds sexual assailants accountable for taking advantage of people already impaired.

The bill also protects children, more clearly defining what a “caretaker” is as any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a child in a residential setting.

The bill defines “mentally incapacitated” as a victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct, or resisting the act of intercourse or a sexual act.

By Andrew Barnett | April 29, 2019 at 9:32 PM EDT – Updated April 29 at 11:55 PM
RALEIGH, NC (WBTV) – The North Carolina House of Representatives passed a bill Monday that would modernize sexual assault laws in the state. The bill will now head to the Senate for consideration.

House Bill 393 aims to modernize sexual assault laws to better protect children and young adults from assault and ensure more safe social settings.

The bill is inspired by Leah McGuirk, a Charlotte woman who came forward in 2018, after she said her drink was drugged at an Uptown bar. She discovered in North Carolina, there was no clear law against drugging someone’s drink.

She contacted Representative Chaz Beasley (D-Mecklenburg) in 2018 and worked with his office to close the loophole that prevented her case from being investigated by the Charlotte Mecklenburg Police Department.

[ New NC bill would update sexual assault laws prompted by Charlotte woman’s experience ]

State Representatives Chaz Beasley (D-Mecklenburg), Jay Adams (R-Catawba), Gale Adcock (D-Wake) and Jamie Boles, Jr (R-Moore) introduced the House Bill 393 in March 2019.

The bill contains the following sections:

  • Clarify definition for the term “caretaker” used In juvenile code.
  • Prohibit the knowing distribution of a beverage that contains any substance that could be injurious to a person’s health.
  • Amend the definition of the term “mentally incapacitated.”

The bill makes it unlawful for any person to knowingly distribute, sell or give away food, beverage, or other eatable or drinkable substance that contains a controlled substance, poisonous chemical or any other type of harmful substance.

In addition to drink tampering, House Bill 393 holds sexual assailants accountable for taking advantage of people already impaired.

The bill also protects children, more clearly defining what a “caretaker” is as any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a child in a residential setting.

The bill defines “mentally incapacitated” as a victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct, or resisting the act of intercourse or a sexual act.

“Survivors of sexual assault and drugging deserve a clear path to justice, and HB 393 is a critical step in achieving that goal. This bill is a testament to both the bravery of survivors and the hard work of advocates. I’m proud that this bill passed the House unanimously, and I look forward to working for its passage in the Senate,” Representative Beasley said in a statement.

“The incapacitation loophole is a serious problem in our state and is something that we hear about every day from survivors and advocates. Closing this loophole will send the message to survivors that the State of North Carolina cares about victims and will seek justice on their behalf,” Skye David, staff attorney at NC Coalition Against Sexual Assault said in a statement.

Article available at https://www.wbtv.com/2019/04/30/nc-house-passes-bill-that-would-modernize-sex-assault-laws-bill-heads-senate/