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(my opinion, good law, it is sexual assault)
(my opinion, good law, it is sexual assault)
Senate Seals No-Contact Sex Assault Loophole
April 12, 2006
By CHRISTOPHER KEATING, Capitol Bureau Chief Outraged by an incident in a University of Connecticut dormitory, the state Senate voted unanimously Tuesday to change the definition of sexual assault to include cases without direct physical contact.
Lawmakers were responding to the case of three UConn students accused of ejaculating onto a female student's face as she slept in a dormitory in September. The three men, who no longer attend the university, were charged with disorderly conduct and public indecency, but could not be charged with sexual assault under state law.
The incident caused widespread outrage as the state's victim advocate, chief state's attorney, women's groups and legislators vowed to close the loophole. The problem is that the existing legal definition of sexual assault requires "contact" between the victim and the perpetrator.
The alleged victim, who has stayed out of the public eye, strongly supported the bill in written testimony delivered to the legislature.
"This may actually force potential, as well as existing, sexual predators to understand that ejaculating on a person's face is not in fact funny, normal, or an act that can easily be dismissed by a misdemeanor," she said. "Although the refinement of this law will not improve my situation or case, at least I'll be able to live at ease knowing that no other innocent person will be taken advantage of by both a sexual predator and by the law."
The new law would help restore "the pride, self-worth, and safety of myself and other women victimized by thoughtless individuals such as the three men who sexually violated me and will only be convicted of a misdemeanor at best," she said.
Before its 35-0 vote Tuesday, the Senate placed the item on the "consent calendar" of non-controversial items that are passed without debate. Some lawmakers said the bill was approved on consent because some of their colleagues were uncomfortable speaking about the lurid details of the UConn case.
The bill still requires approval by the House of Representatives and Gov. M. Jodi Rell. House Speaker James Amann, D-Milford, said Tuesday that he is "very supportive" of the bill and said the chamber would vote before the May 3 adjournment.
"These instances come up that are unexpected, and we scratch our head and say, `Why don't we have a law for this?"' said Amann, a leader in writing the state's version of "Megan's Law" regarding sexual assaults. "That incident [at UConn] is pretty bizarre and horrific."
The criminal cases are still pending against the three former students: Martin V. Piscottano, 19, of 72 Root Road, Somers; Jared Skvirsky, 20, of Brookline, Mass.; and Zak A. Brohinsky, 19, of 299 Old Farms Road, Simsbury. Brohinsky is the son of university relations director Scott Brohinsky, a frequent lobbyist at the state Capitol for the university.
Although the incident happened in September, it did not come to light until February. At that point, lawmakers started the process to change the law.
The incident began in Skvirsky's dorm room in Watson Hall, where he and the female student arrived after meeting at a party at the off-campus Carriage House Apartments. She fell asleep on a futon before Brohinsky - Skvirsky's roommate - returned home with Piscottano, according to a police affidavit.
The three men, according to the affidavit, watched a pornographic video on a computer and took turns ejaculating on the student's face and body. When the woman woke up, she thought she had drooled on herself, the affivadit says. The next day, the affidavit says, Skvirsky sent the woman an instant message that stated that they "were really drunk" and had ejaculated on her.
Sen. Edith Prague, a Columbia Democrat who has a master's degree from UConn, said the incident was "absolutely disgusting," and the legislature had an obligation to close the legal loophole.
"Kids do crazy things. It's terrible," Prague said. "We have to take care of situations like that. That's what we're here for."
Sen. Biagio "Billy" Ciotto, a Wethersfield Democrat, said, "What can you say about something like that? It's sad. It's awful."
Rep. Michael P. Lawlor, an East Haven Democrat who is co-chairman of the legislature's judiciary committee, said that cases with similar circumstances would now qualify as fourth-degree sexual assault, rather than breach of peace or public indecency.
"This would make clear what everybody thought was already the law," said Sen. Andrew McDonald, D-Stamford, who is co-chairman of the judiciary committee with Lawlor. "But for this extraordinary situation that came out of UConn, I don't think anybody thought we'd need legislation like this."
