Proposed Illinois bill would make drunk sex illegal

House Bill 5441 would amend the state’s Criminal Code of 2012. It was introduced to the House by Democrat state Rep. Mark Walker, with the bill since gaining nine co-sponsors including Republican state Rep. Chris Bos.

Among other amendments to definitions in the Code including to "consent," "Profit from prostitution," and "sexual conduct," it includes a new definition for "Unable to give knowing consent."

This includes when a person has been given alcohol or an "anesthesia substance" by the accused, causing the victim to become "unconscious of the nature of the act," but also includes "when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance."

Criminal defense attorney Scott Greenfield wrote on Twitter that this bill would be a "nightmare" if passed.

The bill states that a victim would be considered "unconscious in the nature of the act" if they meet the following conditions: the victim was unconscious or sleeping; "was not aware, knowing, perceiving, or cognizant" of "that the act occurred," or "of the essential characteristics of the act due to the perpetrators fraud in the fact," or "of the essential characteristics of the act due to the perpetrators fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose."

The bill also lists a number of points where a victim would be "unable to give knowing consent" including if the victim is committed to the care and custody or supervision of the Illinois Department of Corrections and the accused is a employee or volunteer, the victim is committed to or placed with the Department of Children and Family Services in residential care and the accused is an employee, the victim is a client and patient and the accused is a health care provider or mental health car provider and the act took place during a session, amongst other conditions or placements.