OREGON HOUSE REPUBLICANS

OREGON RAPE LAW SHOULD FOCUS BLAME

ON THE CRIMINAL, NOT THE VICTIM

House Republicans Seek to Advance Stalled Bill to Strengthen Rape Law

SALEM— House Republicans today sought a Floor vote on a bill to strengthen Oregon’s rape law and enable law enforcement to prosecute rapists regardless of how their victims became vulnerable to assault. Oregon is one of a few states that currently allows how a victim became incapacitated to determine a rapist’s level of guilt.

While House Bill 2343 was unanimously approved by the House Judiciary Committee, Democratic leadership has allowed the legislation to languish in the Joint Ways and Means Committee. House Republicans today sought to withdraw the bill from committee and pass it before the Legislature adjourns, but the motion was rejected on a partisan vote.

“On behalf of women across this state, we must change this antiquated and arbitrary law that places the burden on the victim and not the rapist,” said Rep. Vicki Berger (R-Salem).  “The bill should have never become entangled in the political budget-writing process.”

Under current law, a rapist can only be charged with Sex Abuse in the second degree if the victim was incapacitated by her own actions. By removing the question of how a victim became incapacitated, rapists could face more serious charges that carry mandatory minimum sentences.

“HB 2343 will enable prosecutors to bring stronger charges that fit the severity of the crime,” Rep. Berger said. “The current law was written at a time when people believed a woman’s actions or clothing caused her to be raped. Oregon’s law should reflect our strong belief today that no person deserves to be sexually assaulted, regardless of the circumstances.”

The Legislative Fiscal Office estimates that HB 2343 would cost $125,000 during the 2009-11 biennium because the bill would require more prison beds. House Republicans say that’s a small price to pay to put more rapists in prison and deliver justice to their victims.

“We believe this bill is a higher priority than other items Democrats are funding in their budget,” said House Republican Leader Bruce Hanna (R-Roseburg). “Not allowing HB 2343 to pass into law would be one of the biggest mistakes the Democratic majority will make this session.”

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