Section 8-4 Sexual Violence
8-4.01 Definitions: When a term is not defined in any provision of the code establishing a criminal offense,
it shall be given its commonly accepted meaning. If there is any doubt as to the meaning of a term,
the Court may refer to definitions utilized in other jurisdictions. Any reference to “he”, “she” or
other gender pronouns includes both male and female persons.
(a) Consent- means words or actions by a person indicating a voluntary agreement to engage in
sexual intercourse, sexual penetration, or sexual contact.
(b) Forcible compulsion – where physical force which overcomes resistance or a threat, express or
implied, that places a person in fear of death or physical injury to herself or himself or another
person or in fear that he or another person will be kidnapped.
(c) Penetration - any intrusion, however slight with any part of a person's body or of any object into
the genital or anal openings of any other person's body.
(d) Sexual Contact- the intentional touching, either directly or through the clothing, of the genitalia,
anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person, including but not limited
to;
(1) any intentional display of the genitals, anus, or breasts for the purpose of arousal or
sexual gratification
(2) any intentional touching or fondling of the genitals, anus, breasts, directly or
indirectly, including through clothing that one person is forced to perform by another
person
(3) any forced display of the alleged victim’s genitals, anus, breasts for the purpose of
arousal or sexual gratification of self or others
(4) any intentional or knowing touching of the clothed or unclothed body of a child under
the age of 13, if done for the purpose of sexual gratification or arousal of self or of
others
(5) any coerced or forced touching or fondling by a child under the age of 13, directly or
indirectly, including through clothing, of the genitals, anus, breasts of self or others.
(e) Sexual Intercourse – means conduct between persons consisting of contact between the penis
and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or
any intrusion, however slight, by any part of a person's body or any object into the genital or
anal opening of another.
8-4.02 Victim Testimony and Evidence
(a) In order to convict a person of any crime defined in this chapter it shall not be necessary that
the testimony of the alleged victim be corroborated.
(b) Evidence of the victim’s past sexual behavior including, but not limited to, the victim’s marital
history, divorce history, or general reputation for promiscuity, non-chastity, or sexual mores
contrary to community standards is inadmissible on the issue of credibility and is inadmissible to
prove the victim’s consent except as provided in subsection (c) of this section; but when the
perpetrator and the victim have engaged in sexual intercourse with each other in the past, and
when the past behavior is material to the issue of consent, evidence concerning the past
behavior between the perpetrator and the victim may be admissible on the issue of consent to
the offense.
(c) In any prosecution for the crime of rape or for an attempt to commit, or an assault with an
intent to commit, any such crime, evidence of the victim’s past sexual behavior including, but
not limited to, the victim’s marital behavior, divorce history, or general reputation for
promiscuity, non-chastity, or sexual mores contrary to community standards is not admissible if
offered to attack the credibility of the victim and is admissible on the issue of consent to the
offense only pursuant to the following procedure;
(1) The defendant shall make a written pretrial motion to the Court and the prosecutor
stating that the defense has an offer of proof of the relevancy of evidence of the past
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Revised Spokane Law & Order Code, 5/14/2013