Staff reports | Two Charleston County lawmakers are among a bipartisan group working to get a clear definition in state law of what it means to say “yes” to a sexual act?
State Reps. Lin Bennett, a Republican, and Marvin Pendarvis, a Democrat, are co-sponsors of a House effort to establish a definition of consent in a bill sponsored by Lancaster Democratic Rep, Mandy Powers Norrell. Such a definition is in law in half of the nation’s states.
But first they have to clear a big hurdle: getting a hearing in the House Judiciary Committee.
“We have nothing right now in South Carolina that defines consent at all and everyone is walking around with their own definition,” Norrell said. “We have seen it litigated. We’ve seen people say, ‘I thought she wanted to have sex’ as a defense in rape cases … Every state should clearly define what it means to consent to sexual activity in that state.”
House Bill 3829 would define consent as “words or overt actions indicating freely given agreement to have sexual intercourse or sexual contact,” and that lack of consent can be determined through words or conduct. The bill also states that previous consent for sexual acts does not determine future consent.
Bennett said the bill was stuck in the House Judiciary Committee, chaired by Charleston Republican Peter McCoy, who didn’t return calls for comment.
“I don’t know what his plans are this year but I hope (consent is) on his list,” she said. “It’s a no brainer. It’s the right thing to do.”
Pendarvis agreed that more pressure is needed.
“Nothing moves in Columbia until we muster up the support,” he said. “The bills that have the most amount of noise behind them are the ones that move the quickest.”
- To read Statehouse Report correspondent Lindsay Street’s full story, click here.
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