Legislature(2003 - 2004)

04/10/2003 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
      SB  22-CRIME VICTIMS' COMP.:SEXUAL ABUSE/ASSAULT                                                                      
                                                                                                                                
SENATOR GRETCHEN  GUESS, bill sponsor, paraphrased  from the                                                                    
sponsor statement:                                                                                                              
     When the  state established  Victims' Compensation                                                                         
     Board over  20 years age, it  ensured the victim's                                                                         
     role  in  the  crime   would  be  considered.  For                                                                         
     example, if  someone started a  bar brawl  and was                                                                         
     hurt, their  case could be denied  by the Victims'                                                                         
     Compensation Board.                                                                                                        
                                                                                                                                
     The  unintended consequence  of this  language was                                                                         
     child abuse  and sexual  assault victims  could be                                                                         
     denied  funding if  the board  found them  to have                                                                         
     contributed  to the  circumstances  of the  crime.                                                                         
     For example,  a victim of sexual  assault could be                                                                         
     denied  because they  were drinking  the night  of                                                                         
     their sexual assault.                                                                                                      
                                                                                                                                
     Implying  a  victim   of  sexual  assault  somehow                                                                         
     deserved or  played a role in  being victimized is                                                                         
     in  direct  opposition to  what  we  believe as  a                                                                         
     community  - a  victim  of child  abuse of  sexual                                                                         
     assault has  not done anything to  bring the crime                                                                         
     on him or herself.                                                                                                         
                                                                                                                                
     Toward  fixing  this unintended  consequence,  the                                                                         
     language of this bill does the following:                                                                                  
         · Ensures compensation is not denied based on                                                                          
           considerations of provocation, the use of                                                                            
             alcohol or drugs, or the prior social                                                                              
           history of the victim.                                                                                               
         · Retains    the    current    language    for                                                                         
           compensation criteria for all other crimes                                                                           
                                                                                                                                
     The victim's compensation  board is funded 60                                                                              
     percent  by state  government and  40 percent                                                                              
     by  federal government.  The 60  percent from                                                                              
     the  state government  comes from  garnishing                                                                              
     felon's   permanent  fund   dividend  checks.                                                                              
     Given  the nature  of the  funding mechanism,                                                                              
     the  fiscal  note   from  the  Department  of                                                                              
     Public Safety will be zero.                                                                                                
                                                                                                                                
There were no questions.                                                                                                        
                                                                                                                                
LAURIE HUGONIN, Alaska Network on Domestic Violence and                                                                         
Sexual Assault representative, testified in support of SB
22 and read the following into the record:                                                                                      
     We  wish the  day would  have long  come and  gone                                                                         
     when  victims  of  sexual assault  were  routinely                                                                         
     questioned or somehow made  to feel guilty because                                                                         
     of  the clothes  they chose  to wear  or the  fact                                                                         
     that they may  have had a drink or  that there may                                                                         
     be  something in  their past  they  wish they  had                                                                         
     done  differently.  None  of  those  things  cause                                                                         
     perpetrators  to   commit  the  crime   of  sexual                                                                         
     assault    or    contribute    to    the    crime.                                                                         
     Unfortunately,  the  Violent  Crimes  Compensation                                                                         
     Board still has similar  items listed as things to                                                                         
     be considered  when determining whether or  not to                                                                         
     grant  compensation to  victims of  sexual assault                                                                         
     or sexual abuse of  a minor. It's difficult enough                                                                         
     to come forward as a  victim of sexual assault and                                                                         
     try  to find  some  approximate justice.  Victim's                                                                         
     journeys  are made  more difficult  when parts  of                                                                         
     the  system  rely on  myths  to  respond to  these                                                                         
     crimes.  The  bill  helps stop  that  practice  of                                                                         
     victim blaming and  we thank you for  your work to                                                                         
     help  increase  the  availability  of  justice  to                                                                         
     these victims.                                                                                                             
                                                                                                                                
SENATOR   JOHN  COWDERY   asked   how   many  requests   for                                                                    
compensation  had  been  rejected because  of  the  victim's                                                                    
actions regarding drug use.                                                                                                     
                                                                                                                                
SENATOR GUESS replied last year  the total number denied for                                                                    
any reason was about six.                                                                                                       
                                                                                                                                
MS.   HUGONIN  didn't   know   the   specific  number,   but                                                                    
anecdotally two or  three a year come to  their attention as                                                                    
problematic.                                                                                                                    
                                                                                                                                
SENATOR COWDERY asked what the typical award amounted to.                                                                       
                                                                                                                                
SENATOR GUESS said  it's based on the costs  incurred by the                                                                    
victim.  All   the  funds  for  violent   crimes  come  from                                                                    
Permanent Fund Dividends.                                                                                                       
                                                                                                                                
SENATOR  FRED  DYSON  announced   he  has  knowledge  and  a                                                                    
conflict  of interest  because his  wife is  a marriage  and                                                                    
family  counselor and  a significant  number of  her clients                                                                    
are  sexual assault  or sexual  abuse victims  and a  few of                                                                    
them are compensated through this program.                                                                                      
                                                                                                                                
ANNA  FAIRCLOUGH,  Executive   Director  of  STAR  (Standing                                                                    
Together Against Rape), testified in  support of SB 22. Rape                                                                    
is an act  of violence perpetrated against  a person's body,                                                                    
soul, and personal  identity. No one, no matter  what his or                                                                    
her personal history deserves to  bear that. When a minor is                                                                    
victimized  sexually   they  need  to  be   shown  that  the                                                                    
perpetrator is  the one  responsible for  the crime  and not                                                                    
the victim.                                                                                                                     
                                                                                                                                
She emphasized  that if one  victim is  denied compensation,                                                                    
it is  one victim too  many. Several  times a year  they see                                                                    
victims that have been revictimized  and because alcohol was                                                                    
involved  in the  crime they  were denied  compensation. She                                                                    
stressed,  "It   is  the  perpetrator's  fault   it  is  the                                                                    
perpetrator's crime  and they  need to  be convicted  and we                                                                    
need to help these victims."                                                                                                    
                                                                                                                                
Winifred  Kelly,  from the  Tundra  Women  Center in  Bethel                                                                    
testified  in  support  of  SB   22.  Victims  shouldn't  be                                                                    
discriminated  against  based on  their  history  or use  of                                                                    
alcohol or drugs. A violent crime is a violent crime.                                                                           
                                                                                                                                
Two other testifiers  had to leave before they  were able to                                                                    
give testimony.                                                                                                                 
                                                                                                                                
CHAIR GARY STEVENS asked for a motion to move the bill.                                                                         
                                                                                                                                
SENATOR  COWDERY  made  a motion  and  asked  for  unanimous                                                                    
consent  to move  SB  22 from  committee  with the  attached                                                                    
fiscal note. There being no objection, it was so ordered.                                                                       

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