Bill Shifts Burden Of Proof In Charges Of Third-Degree Rape By Intoxication

Feb 5, 2019

From left, Charles McGuigan, Chief Deputy Attorney General; Paul Bachand, Executive Director, SD State's Attorneys Association; and Craig Kennedy, State Senator.
Credit SD Attorney General; Moreno & Bachand; SDLRC

Defendants facing allegations of third-degree rape might not be able to rely on the claim that they didn't know a victim was too intoxicated to consent. Senate Bill 107 has cleared its first hurdle in the Senate Judiciary Committee. The bill is designed to undo the effects of a 2011 state Supreme Court opinion that overturned a rape conviction.

SDPB's Victoria Wicks reports.