AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL VIOLENCE PROTECTIVE ORDERS.

Fewer reasons to deny protective orders

In Delaware’s nonemergency sexual violence protective order cases, the Superior Court cannot deny a petition based on these reasons. They include the applicant’s voluntary intoxication or the other person’s voluntary intoxication when the alleged acts occurred. They also include limited consensual sexual touching between the applicant and the other person. Failure to report nonconsensual sexual conduct, sexual penetration, or threats during or after that conduct to law enforcement cannot justify denial. Unlike the old rule, courts can consider this evidence when deciding to grant protection.