H 8063Criminal Procedure

Criminal Offenses - Sexual Assault

Victims or their guardians must approve any plea deals or negotiated sentences for first-degree sexual assault crimes.

Held for study

Population
Affected

Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation modifies the sentencing requirements for two specific crimes: first-degree sexual assault and first-degree child molestation sexual assault. It mandates that a judge cannot accept a plea deal or a negotiated sentence for an offender unless the victim—or in the case of a child, their parents or guardians—approves of the agreement. This effectively gives victims or their guardians the authority to veto sentence agreements reached between prosecutors and defense attorneys in these cases.

For younger readers

This law creates a new rule for punishing people who commit very serious crimes where they hurt others. Sometimes, instead of having a big trial, lawyers agree on a punishment ahead of time. This bill says that before a judge can say "yes" to that agreed punishment, the person who was hurt must agree to it first. If the person hurt was a child, their parents have to agree. This gives the victims a voice in deciding what happens to the person who hurt them.

Who & Where It Applies

Impacted groups

Sexual assault victimsParents and guardians of child victimsCriminal defendantsProsecutorsJudges

Impacted communities

All

Constitutional & Fiscal Check

This bill carries a high constitutional risk. By granting a private citizen (the victim) veto power over a negotiated sentence, it likely infringes on the separation of powers, specifically the executive branch's prosecutorial discretion and the judicial branch's sentencing authority. It may also face challenges regarding Due Process and the 8th Amendment if it prevents the resolution of cases in a manner consistent with established legal standards for proportionality and fairness.

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Empowers victims of sexual violence, who are often from marginalized groups, by giving them a direct voice and agency in the judicial outcome of their cases.
Increases transparency and accountability within the justice system by preventing prosecutors from making lenient "backroom deals" that do not adequately address the harm done to the community and the victim.
Validates the trauma experienced by survivors by ensuring the legal system acknowledges their specific needs and desires regarding justice before finalizing a sentence.
Undermines the concept of impartial justice by prioritizing individual retribution over consistent, evidence-based sentencing standards, potentially leading to disparate outcomes for similar crimes.
Likely to increase mass incarceration and sentence lengths by discouraging plea bargains, which are often necessary to resolve cases without the trauma and uncertainty of a trial.
May place an undue emotional burden on victims to be the final arbiter of sentencing, potentially exposing them to pressure or guilt if they do not agree to a deal.

For Conservatives

Strengthens the "rule of law" by ensuring that violent offenders face consequences that are deemed appropriate by those most affected by the crime, rather than lenient administrative compromises.
Prioritizes the rights and satisfaction of victims and their families over the efficiency of the court bureaucracy or the interests of criminal defendants.
Prevents "soft on crime" prosecutors from offering weak plea deals to dangerous offenders, ensuring that penalties for heinous crimes remain severe.
Could lead to a significant increase in taxpayer costs due to a higher volume of cases going to full trial rather than being resolved through plea bargaining.
Interferes with the efficient operation of the judicial system and the separation of powers by restricting the discretion of judges and prosecutors to manage case backlogs.
May result in lengthy and expensive appeals based on constitutional challenges regarding whether a private citizen can legally veto a judicial proceeding.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 8 additions

SECTION 1. Sections 11-37-3 and 11-37-8.2 of the General Laws in Chapter 11-37 entitled "Sexual Assault" are hereby amended to read as follows: 11-37-3. Penalty for first degree sexual assault. Every person who shall commit sexual assault in the first degree shall be imprisoned for a period not less than ten (10) years and may be imprisoned for life; provided, however, that the sentencing court shall ensure that the victim or victims approve of any negotiated sentence imposed on the offender. 11-37-8.2. Penalty for first degree child molestation sexual assault. Every person who shall commit first degree child molestation sexual assault shall be imprisoned for a period of not less than twenty-five (25) years and may be imprisoned for life; provided, however, that the sentencing court shall ensure that the victim or victims, or their parents or guardian, approve of the any negotiated sentence imposed on the offender.

SECTION 2. This act shall take effect upon passage.