In The News

Koutoujian pushes new rape bill
By Jeff Gilbride
Daily News Tribune
Wed Jun 06, 2007, 12:24 AM EDT

A Waltham legislator is pushing for legislation that would make using deceit to have sex with a person a form of rape.

Rep. Peter Koutoujian, D-Waltham, said he is working with the Massachusetts District Attorneys Association to draft a bill.

"We've done a lot of work," Koutoujian said. "We're trying to find that balance between what is truly a rape, meaning that the sexual assault was committed with the use of deceit or fraud, but we have to be careful not to be over broad in defining fraud or deceit."

The proposed legislation comes after the state Supreme Judicial Court ruled last month that a man who tricked a woman into having sex with him by pretending he was someone else could not be convicted of rape because no force was used.

According to Koutoujian, another recent legal case in Massachusetts also helped spark the bill.
Koutoujian cited an instance in which a woman was in a doctor's office for a gynecological exam and a man impersonating a doctor gave her a fake exam.

"Afterward, the person left and a doctor came in and a few moments later they realized the person was impersonating a doctor and through the exam had committed rape," Koutoujian said. "The DA's office felt they could not prosecute because there was a loophole in the rape law. Our rape law is the use of force or threat of force."

Koutoujian is working on the bill with state Sen. Stephen Buoniconti, D-West Springfield.
Koutoujian and Buoniconti, both former prosecutors, are also working with victims advocate group Jane Doe Inc. to craft the bill. Based in Boston, Jane Doe Inc., is a statewide coalition against sexual assault and domestic violence.

Toni Troop, director of public relations for Jane Doe Inc., said her organization spoke out following the SJC's decision last month. "Our role is on a statewide and federal level to coordinate policy on behalf of our member organizations and survivors everywhere," Troop said. "When the (Supreme Judicial Court) decision came down, we immediately spoke out about the need to change Massachusetts' law to bring us into the 21st century and recognized the court could only interpret the law as it existed."

After speaking out about the court's decision, Troop said Koutoujian was there to listen.

"We spoke out about that and Rep. Koutoujian called and said 'I am right on it,' " Troop said. "He and his colleagues have had tremendous foresight and have taken up this banner on behalf of rape victims of Massachusetts."

According to Jane Doe Inc., California and Tennessee are among a handful of states to recognize fraud as rape.

Laura Van Zandt, executive director of REACH Beyond Domestic Violence Inc., a Waltham organization dedicated to ending domestic violence, said she thinks Koutoujian's proposed legislation is over due.
"I think what is frustrating about this is it's clear there is deception used and it seems to me if it's not legal to con people out of money, they shouldn't be able to con people out of sex either," she said. "We work with people who often are forced to trade sex for safety and we are sensitive to the way people use sex for safety. To make these changes would offer better chances to better protect victims of rape."

According to Koutoujian, he and Buoniconti are proposing the legislation as a late file bill.
"We're hoping we can at least get it heard this term," Koutoujian said. "These are the types of crimes we're trying to shore up. They are usually committed by someone who is known or trusted by the victim."