04/12/2000 02:13 PM Senate JUD

Number 1411                                                                                                                     
                                                                                                                                
         HB  99-SEXUAL ASSUALT:VICTIM IN STATE CUSTODY                                                                          
                                                                                                                                
MS. CANDACE BROWER, Department of Corrections (DOC), said that HB
 will make a crime of sexual assault in the third degree a class                                                              
C felony for an employee of a state correctional facility who                                                                   
engages in sexual penetration with an offender in the custody and                                                               
care of DOC.  SB 99 will also make a crime of sexual assault in the                                                             
fourth degree a class A misdemeanor for an employee of a state                                                                  
correctional facility to engage in sexual contact with an offender                                                              
in the care and custody of DOC.  This legislation also applies to                                                               
a DHSS employee who is the legal guardian of a person 18 or 19                                                                  
years old.  Current sexual misconduct laws in Alaska only apply to                                                              
acts committed against individuals who are mentally incapacitated.                                                              
                                                                                                                                
                                                                                                                                
MS. BROWER quoted from literature from the National Women's Law                                                                 
Center:                                                                                                                         
                                                                                                                                
     In states that have no specific legislation criminalizing the                                                              
     sexual abuse of prisoners, correctional employees may be                                                                   
     prosecuted under the states existing sexual assault and rape                                                               
     statutes.  Under these laws, consent is assessed as criminal                                                               
     liability.  However, many experts believe that the inherent                                                                
     disparity in power between prisoners and correctional                                                                      
     employees renders valid consent impossible in the prison                                                                   
     context.  Also from both a management and a public policy                                                                  
     prospective, sanctioning consensual sex between correctional                                                               
     employees and prisoners severely compromises legitimate                                                                    
     correctional goals such as prison security, inmate management                                                              
     and rehabilitation.                                                                                                        
                                                                                                                                
MS. BROWER said that DOC feels strongly about protecting the people                                                             
who are in their custody and care.  It is not part of a persons                                                                 
sentence to be subjected to sexual assault or abuse of any kind.                                                                
                                                                                                                                
CHAIRMAN TAYLOR said he has no difficulty with the legislation.