Delaware

Delaware Code

DEL CO § 761: Delaware Code – Section 761: DEFINITIONS GENERALLY APPLICABLE TO SEXUAL OFFENSES

(4) A health professional, meaning any person who is licensed or who holds himself or herself out to be licensed or who otherwise provides professional physical or mental health services, diagnosis, treatment or counseling which shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists, whether such person is compensated or acting as a volunteer; or

(5) Clergy, including but not limited to any minister, pastor, rabbi, lay religious leader, pastoral counselor or any other person having regular direct contact with children through affiliation with a church or religious institution, whether such person is compensated or acting as a volunteer; or

(f) ”Sexual contact” means:

(1) Any intentional touching by the defendant of the anus, breast, buttocks or genitalia of another person; or

(2) Any intentional touching of another person with the defendant’s anus, breast, buttocks or genitalia; or

(3) Intentionally causing or allowing another person to touch the defendant’s anus, breast, buttocks or genitalia

which touching, under the circumstances as viewed by a reasonable person, is intended to be sexual in nature. “Sexual contact” shall also include touching when covered by clothing.

(g) ”Sexual intercourse”

(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested. For purposes of this paragraph, “health professional” includes all individuals who are licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services, diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists

Delaware

Del. Code ANN, tit. 11 761  Sexual Offenses

CHAPTER 440

FORMERLY

HOUSE BILL NO. 563

AN ACT TO AMEND SUBCHAPTER II, SUBPART D, SECTION 761(g) OF TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF “WITHOUT CONSENT” IN SEX CRIME PROSECUTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend subchapter II, subpart D, section 761(g), Title 11, by redesignating current subparagraph (4) as new subparagraph (5).

Section 2. Amend subchapter II, subpart D, section 761(g), Title 11, by adding a new subparagraph (4) thereto to read as follows:

“(4) Where the defendant is a health professional, as defined herein, or a minister, priest, rabbi, or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested. For purposes of this paragraph, ‘health professional’ includes all individuals who are licensed or who hold themselves out to be licensed or who otherwise provide professional physical or mental health services, diagnosis, treatment, or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists, and hypnotherapists.”

Approved July 15, 1994

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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