Legislature(2003 - 2004)
04/10/2003 03:35 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ 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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