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

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.

Rapid City freelancer Victoria L. Wicks has been producing news for SDPB since August 2007. She Retired from this position in March 2023.