04/15/2022 01:00 PM House JUDICIARY

              HB 5-SEXUAL ASSAULT; DEF. OF "CONSENT"                                                                        
                                                                                                                                
1:38:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
SPONSOR  SUBSTITUTE FOR  HOUSE BILL  NO. 5,  "An Act  relating to                                                               
sexual abuse of a minor;  relating to sexual assault; relating to                                                               
the code  of military justice;  relating to consent;  relating to                                                               
the  testing of  sexual assault  examination kits;  and providing                                                               
for  an  effective  date."   [Before  the  committee  was  CSSSHB
(STA).]                                                                                                                        
                                                                                                                                
1:38:13 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 5.                                                                                   
                                                                                                                                
1:38:55 PM                                                                                                                    
                                                                                                                                
KATIE  BOTZ, representing  self, testified  in support  of HB  5.                                                               
She thanked the  sponsors but expressed frustration  with the way                                                               
the committee has been  handling HB 5.  She stated  that she is a                                                               
survivor of  sexual assault, and  in the  past two years  she has                                                               
advocated  for the  passage  of the  proposed  legislation.   She                                                               
said, "One  or more  members of this  committee has  continued to                                                               
ignore me.   One or more members of this  committee has continued                                                               
to  silence  me."   She  voiced  the  opinion  that some  of  the                                                               
committee   members  do   not  care   about  victims   of  abuse.                                                               
Referencing  her own  experience,  she stated  that  she wants  a                                                               
better outcome for  other [victims] in the state.   She requested                                                               
that an  amendment deadline  be set  for April  18, 2022,  so the                                                               
bill  can be  passed out  of committee.   She  said that  actions                                                               
speak  louder  than words,  and  HB  5 is  a  step  in the  right                                                               
direction for keeping victims safe.                                                                                             
                                                                                                                                
1:41:55 PM                                                                                                                    
                                                                                                                                
CASS POOK, representing self, testified in  support of HB 5.  She                                                               
shared  that  she  is  pursuing  a  degree  in  social  work  and                                                               
currently  is  in  an  internship   at  [Sitkans  Against  Family                                                               
Violence].   She  urged the  committee to  move HB  5 as  soon as                                                               
possible.  In  reference to childhood trauma, she  brought to the                                                               
attention  of the  committee  the  Adverse Childhood  Experiences                                                               
Study and the National Child Traumatic Stress Network.                                                                          
                                                                                                                                
1:43:12 PM                                                                                                                    
                                                                                                                                
MICHAEL PATTERSON, representing self,  testified in support of HB
.   He stated that the  rampant occurrence of sexual  assault is                                                               
"such a  detriment to the state,  that I don't understand  why it                                                               
is  taking so  long to  move HB  5 out  of this  committee."   He                                                               
expressed the opinion that the  proposed legislation is not being                                                               
moved  out   of  committee  because  of   personal  reasons,  not                                                               
necessarily legislative  ones.   He suggested that  the [proposed                                                               
legislation] would not solve the problem,  but it would be a step                                                               
in  the right  direction.   He  said  the bill  has  been in  the                                                               
[legislative] process "for years."   He expressed confusion about                                                               
why  the definition  of  consent  has not  been  modernized.   He                                                               
questioned  how it  could be  said that  "we live  in a  healthy,                                                               
functional  society in  Alaska."   He suggested  that there  is a                                                               
loophole in the law which allows attackers to not be convicted.                                                                 
                                                                                                                                
1:46:01 PM                                                                                                                    
                                                                                                                                
JANICE PARK, representing self, testified  in support of HB 5 and                                                               
its  passage  out   of  committee.    She  shared   her  and  her                                                               
granddaughter's experience with sexual assault.                                                                                 
                                                                                                                                
1:49:02 PM                                                                                                                    
                                                                                                                                
JESSICA   STOSSEL,  Interim   Executive   Director,  Center   for                                                               
Nonviolent Living,  testified in  support of moving  HB 5  out of                                                               
committee as soon as possible.  She  stated the bill is a step in                                                               
the  right  direction for  all  Alaskans  and victims  of  sexual                                                               
assault.   She stated that  she has  worked with victims  for the                                                               
last 23 years.                                                                                                                  
                                                                                                                                
1:50:32 PM                                                                                                                    
                                                                                                                                
JENNIFER BROWN, representing self,  shared that she identifies as                                                               
a  survivor of  sexual assault  and works  for Standing  Together                                                               
Against  Rape  (STAR).    From   her  personal  and  professional                                                               
experience, she  expressed the opinion  that justice  for victims                                                               
of sexual  assault is rare because  it is too difficult  to reach                                                               
prosecution.   She  stated  that HB  5  is a  step  in the  right                                                               
direction.                                                                                                                      
                                                                                                                                
1:51:54 PM                                                                                                                    
                                                                                                                                
DEBRA  O'GARA, Senior  Policy Specialist,  Alaska Native  Women's                                                               
Resource  Center,  testified in  support  of  HB 5.    Addressing                                                               
statistics on  rape, she stated that  21 percent of women  in the                                                               
country have reported  that they have been a  victim of attempted                                                               
or  committed  rape, with  most  of  these occurring  before  the                                                               
victim turns  25 years old.   She said that 47  percent of sexual                                                               
assaults in  Alaska involve Alaska  Native women and girls.   She                                                               
stated that the  recorded rapes in Alaska are  twice the national                                                               
average,  but  this  does  not include  unreported  cases.    She                                                               
expressed the  belief that sexual  assault numbers in  Alaska are                                                               
low because rape kits are  not being processed.  She acknowledged                                                               
that this  problem is  being resolved.   She added  that reported                                                               
sexual assault  numbers are  low because there  is a  distrust of                                                               
law  enforcement.   She said  that in  some areas  of Alaska  law                                                               
enforcement   are  known   to  be   aggressive,  unhelpful,   and                                                               
insensitive.   She added  that investigations  are slow,  and for                                                               
the  cases that  make it  to  prosecution, this  process is  also                                                               
slow.    She  argued  that   law  enforcement  and  DOL  need  to                                                               
understand  how  rape affects  the  victim.   Comparing  rape  to                                                               
murder, she  said, "It kills  a part of  the victim."   She urged                                                               
the members  to pass  the bill  out of committee  so it  can move                                                               
through the system.                                                                                                             
                                                                                                                                
1:54:42 PM                                                                                                                    
                                                                                                                                
JENNIFER MITCHELL, representing self,  testified in support of HB
.   She  shared that  she  worked for  seven years  as a  victim                                                               
advocate  at STAR.    She said  part of  her  job included  being                                                               
present  for  physical  exams and  helping  victims  through  the                                                               
criminal  justice system.    She said,  "I've  been through  more                                                               
sexual assault reports  than I can count."   From her experience,                                                               
she estimated that most of  the cases turned down for prosecution                                                               
would  be  prosecuted  under  the   proposed  legislation.    She                                                               
expressed  the  opinion that  Alaska  has  a major  problem  with                                                               
sexual  assault,  and  holding  people  accountable  would  be  a                                                               
positive step forward.   She shared that she  worked with victims                                                               
of  sexual assault  by fraud,  whose cases  were not  prosecuted.                                                               
She concluded by urging the committee to pass the bill.                                                                         
                                                                                                                                
1:56:30 PM                                                                                                                    
                                                                                                                                
BRENDA STANFILL,  Executive Director, Alaska Network  on Domestic                                                               
Violence and Sexual  Assault, testified in support  of passing HB
  out  of committee.    She  stated  that  HB 5  addresses  four                                                               
problematic  areas  in  the  current   sexual  assault  laws  and                                                               
processes.   First, she stated that  the law requires the  use of                                                               
force.  She  said this does not reflect current  social norms, as                                                               
youth  today are  being educated  about consent,  permission, and                                                               
pressure.   She said that,  rather than the requirement  of marks                                                               
on  a  victim's body  to  prove  lack  of consent,  the  proposed                                                               
legislation  would require  the accused  to prove  consent.   The                                                               
second  problem  with the  current  legislation  is it  does  not                                                               
criminalize   adults   engaging    with   16-   and   17-year-old                                                               
individuals, which  is the  age targeted  for sex  work grooming.                                                               
As  the  next  point,  she  stated that  rape  by  fraud  is  not                                                               
recognized.  For  the final point she addressed  the time allowed                                                               
to process rape  kits.  She stated that an  important part of the                                                               
proposed legislation would  be the reduction of  time allowed for                                                               
crime  labs to  process  rape  kits.   She  stated  that DPS  has                                                               
related this is an achievable goal.   She argued that speeding up                                                               
the forensic testing  would move rapist off  the streets quicker.                                                               
She recognized that  the four changes to the  sexual assault laws                                                               
would not "fix" the current system,  but changes are needed.  She                                                               
also  referenced the  lack  of prosecutions,  the  need for  more                                                               
public  safety  officers,  and  the  extensive  time  delays  for                                                               
trials.  She said, in general, there is not enough prevention.                                                                  
                                                                                                                                
1:59:25 PM                                                                                                                    
                                                                                                                                
LAUREE MORTON, representing  self, testified in support  of HB 5.                                                               
She  shared that  she  has  lived through  sexual  assault.   She                                                               
discussed  the historic  origin of  the word  "rape," referencing                                                               
that in the  past women had been viewed as  property.  She stated                                                               
that in  the early-  to mid-20th century  the narrative  had been                                                               
that  only a  stranger would  commit  rape, and  if women  stayed                                                               
home, they were safe.   She continued that, as attitudes changed,                                                               
it was  seen that girls  deserved [to be  raped] if they  were in                                                               
the  wrong place  at  the  wrong time  with  the  wrong dress  or                                                               
attitude.   As society has  progressed, she said, people  are now                                                               
more  aware  that  rapists  can be  friends  or  family  members;                                                               
however, victims are still required to  not just say "no," but to                                                               
say, "hell no."   She explained, if there is  not enough evidence                                                               
of force, the victim did not  fight hard enough, and the crime is                                                               
not prosecutable.   She  said, "We  should be  uncomfortable with                                                               
that."  She  argued that the [proposed legislation]  is not meant                                                               
to make prosecution easier; "it is  meant to make it right."  She                                                               
insisted that it is time  [the definition of consent be updated.]                                                               
She requested that the legislation be moved out of committee.                                                                   
                                                                                                                                
2:02:06 PM                                                                                                                    
                                                                                                                                
PHILLIP MOSER, representing  self, testified in support  of HB 5;                                                               
however, he expressed the belief  that there should be a stronger                                                               
definition  of  consent.   He  urged  that  HB  5 be  moved  from                                                               
committee.                                                                                                                      
                                                                                                                                
2:03:41 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, after  ascertaining that there was no  one else who                                                               
wished to testify, closed public testimony on HB 5.                                                                             
                                                                                                                                
[HB 5 was held over.]