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Panel debates adding 'asleep' to sexual‑assault law; bill fails to advance

JUDICIARY COMMITTEE - SENATE · April 21, 2021
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Representative Mark Lowry's HB 1896 would have added 'asleep' to the list of states in which a person cannot consent to sexual activity. Survivors and volunteers urged closing a perceived loophole; public defenders and some senators warned the language could criminalize commonplace, private conduct and urged narrower drafting. The committee took no action.

Little Rock — The Senate Judiciary Committee considered House Bill 1896, a measure to add "asleep" to Arkansas's list of states in which a person cannot consent to sexual activity, but the panel declined to advance the bill after an extensive hearing that exposed sharp disagreements over scope and proof.

Representative Mark Lowry introduced the bill and called Erin Clement to the table. Clement described being "startled awake by my now ex‑boyfriend fondling me inappropriately," and said police told her the case fell into a gray area of Arkansas law. "They were powerless to stop…

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