Creating the crime of conspiracy to deny medical treatment to victim of sexual offense
Summary
HB5484 creates a new criminal offense in West Virginia law aimed at protecting victims of sexual offenses when they seek medical care. The bill states that people in the state have the right to seek appropriate medical treatment permitted under state law, or medical forensic care related to a sexual offense, without delay and in a private, age-appropriate, or developmentally appropriate setting. It then makes it a felony to use force, threats, intimidation, or oppression to interfere with that right, including interference with obtaining biological evidence after a sexual offense.
The bill also creates a separate felony for knowingly and intentionally forcing or coercing a victim of a sexual offense, when that offense results in pregnancy, to have an illegal abortion. It further criminalizes conspiracy to commit either of those offenses, while specifying that the victim of the sexual offense cannot be held criminally liable under the conspiracy provision. The bill defines “force or coerce” to include physical harm or threats intended to compel an abortion, but excludes providing information, counseling, or assistance about abortion alternatives.
Impact
HB5484 adds a new section to Article 2, Chapter 61 of the West Virginia Code and creates new felony penalties of 5 to 15 years in prison, a fine of up to $50,000, or both. It expands criminal law protections for sexual assault victims seeking medical treatment or forensic evidence collection, and it also reinforces state abortion restrictions by penalizing coercion into an illegal abortion. The measure affects anyone who interferes with a victim’s access to care, as well as anyone who conspires to do so, and it expressly preserves the victim’s immunity from criminal liability under the conspiracy provision.
Sentiment
The bill appears to have had strong bipartisan support and little visible opposition in the recorded votes. It passed the House 87-0, the Senate 32-0, and the House again 94-0 on concurrence with the Senate’s amended title. The unanimous votes suggest broad agreement with the bill’s stated goal of protecting sexual offense victims’ access to medical and forensic care, while also reflecting acceptance of its abortion-related enforcement provisions.
Contention
No committee transcript was provided, and the roll-call history shows no recorded floor opposition, so there is no documented legislative controversy in the available materials. The most likely points of contention, based on the text, are the bill’s abortion-related felony provision and the scope of the new crime for interfering with medical care, especially the definitions of “force or coerce” and what conduct counts as interference. The bill attempts to narrow one possible concern by clarifying that counseling or information about abortion alternatives is not force or coercion, and by stating that the sexual offense victim cannot be criminally liable for the conspiracy offense.
To require all medical providers to orally explain any and all medical treatments and procedures and all possibilities for potential problems or complications or side effects to patients before proceeding with treatments.