Legislature(2021 - 2022)GRUENBERG 120

03/27/2021 01:00 PM House STATE AFFAIRS

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            HB  5-SEXUAL ASSAULT; DEF. OF "CONSENT"                                                                         
1:09:20 PM                                                                                                                    
CHAIR KREISS-TOMKINS  announced that the first  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."                                                                                               
1:09:34 PM                                                                                                                    
REPRESENTATIVE  GERAN  TARR,   Alaska  State  Legislature,  prime                                                               
sponsor, introduced  HB 5 with a  PowerPoint presentation, titled                                                               
"House  Bill  5:  Defining  Sexual   Consent"  [included  in  the                                                               
committee packet].   She began on  slide 2, titled "How  was HB 5                                                               
drafted?"   She  explained  that  the issue  was  brought to  her                                                               
attention   by  Standing   Together  Against   Rape  (STAR),   an                                                               
organization  that  knew firsthand  how  the  law has  failed  to                                                               
achieve  justice for  Alaskans  who had  been  raped or  sexually                                                               
assaulted.   She  noted that  the law  in question  has not  been                                                               
updated in  forty years.   The  legislation before  the committee                                                               
today  is  the  culmination  of   a  two-year  process  involving                                                               
statewide  meetings   with  input  from  across   Alaska,  expert                                                               
interviews, and feedback from the  Department of Law (DOL), which                                                               
is  reflected  in  the  sponsor substitute  (SS)  changes.    She                                                               
discussed  her  presentation at  the  statewide  meeting for  the                                                               
Alaska Network on Domestic Violence  and Sexual Assault (ANDVSA),                                                               
highlighting the  significance of receiving their  feedback.  She                                                               
continued  to slide  3  and emphasized  the  importance of  doing                                                               
"more  listening  than   talking."    She  said   she  wanted  to                                                               
understand what's  happening in  Alaskan communities;  how people                                                               
are  feeling  safe or  unsafe;  and  how  this law  impacts  that                                                               
1:13:07 PM                                                                                                                    
REPRESENTATIVE TARR  turned to slides  4 and 5,  which questioned                                                               
"Has consent  ever been  [an] issue  for you?"   She  stated that                                                               
every individual at all the  forums she hosted or participated in                                                               
were  asked that  question and  all, without  exception, answered                                                               
yes.  She moved to slide  6 and addressed consent, noting that it                                                               
is  not defined  in  Alaska statute.    Instead, AS  11.41.470(8)                                                               
defines "Without consent" as follows:                                                                                           
     (8) "without consent" means that a person                                                                                  
     (A) with  or without resisting,  is coerced by  the use                                                                    
     of  force  against a  person  or  property, or  by  the                                                                    
     express or  implied threat of death,  imminent physical                                                                    
     injury, or kidnapping to be inflicted on anyone; or                                                                        
     (B)  is incapacitated  as a  result  of an  act of  the                                                                    
REPRESENTATIVE TARR relayed that  this explanation is problematic                                                               
for  several   reasons:  firstly,   it  is  not   an  affirmative                                                               
definition; secondly,  it suggests a  use of force;  and thirdly,                                                               
it places  the burden on the  victim.  She continued  to slides 7                                                               
and 8 and reviewed Minnesota  and Montana's statutory definitions                                                               
of consent,  both of which  make reference to the  phrases: words                                                               
or  overt   actions,  freely  given   arrangement/agreement,  and                                                               
current/prior   social  or   sexual   relationship.     Slide   9                                                               
highlighted   themes  in   modernized   statutes,  including   an                                                               
affirmative definition that contains  the following words: freely                                                               
given, agreement,  reversible, and words/actions.   She turned to                                                               
slide  10 and  presented the  new  definition proposed  in HB  5,                                                               
which read:                                                                                                                     
     "Consent"  means a  freely given,  reversible agreement                                                                    
     specific to  the conduct at  issue; in  this paragraph,                                                                    
     "freely given" means agreement to  cooperate in the act                                                                    
     was positively expressed by words or action.                                                                               
REPRESENTATIVE TARR  noted that the definition  of "freely given"                                                               
is one  difference in  the sponsor  substitute from  the original                                                               
version of the bill at the recommendation of DOL.                                                                               
1:17:17 PM                                                                                                                    
REPRESENTATIVE TARR  directed attention to  slides 11 and  12 and                                                               
provided  a  sectional  analysis  of  the  bill,  which  read  as                                                               
     Sections 1 and 2: Rape by Fraud                                                                                            
     Sections  3 and  4:  Predatory behavior  by much  older                                                                    
     adults engaging in  sexual relationships with teenagers                                                                    
     at least ten years younger                                                                                                 
      Section 5: Addressing circumstances in which consent                                                                      
     can be given                                                                                                               
     Section 6: New definition of consent                                                                                       
     Sections 7 and 8: Updates the definition of consent                                                                        
        Section 9 refers to the updated Military Code of                                                                        
      Section 10: Requires rape kits be tested within six                                                                       
     Section 11: Repeals the old definitions                                                                                    
     Section 12: Law applies to crimes committed after the                                                                      
     effective date                                                                                                             
       Section 13: Effective date for rape kit testing is                                                                       
     July 1, 2023                                                                                                               
REPRESENTATIVE TARR  explained that  Sections 1 and  2 add  a new                                                               
crime, "rape  by fraud,"  into statute.   Rape by  fraud suggests                                                               
that a person commits sexual  assault by pretending to be someone                                                               
else.   Sections  3  and 4  amend  the sexual  abuse  of a  minor                                                               
statute.    She  noted  that   currently,  Alaska  law  does  not                                                               
differentiate between a  16-year-old and someone who is  22 or 30                                                               
years of  age.   Section 5 addresses  the circumstances  in which                                                               
consent  can  be  given.    She  pointed  out  that  the  sponsor                                                               
substitute includes changes from  the previous version, such that                                                               
"rape by  fraud" language is  removed and  "professional purpose"                                                               
is defined  on page 5, lines  8-15, to Section 5,  paragraph (2),                                                               
for  clarity  at the  recommendation  of  DOL.   She  noted  that                                                               
Section 5,  paragraph (3), addresses  freezing - a  common trauma                                                               
response.   Sections 7, 8, and  9 are conforming language,  as it                                                               
relates  to the  consent definition.    She read  the summary  of                                                               
Sections 10-13 and  noted that Section 13  accommodates more time                                                               
for   the  effective   date   for  rape   kit   testing  at   the                                                               
recommendation of the crime lab.                                                                                                
1:24:00 PM                                                                                                                    
REPRESENTATIVE  TARR  continued  to  slide 13  and  outlined  the                                                               
desired  outcomes:  firstly,  to  remove  dangerous  people  from                                                               
Alaska's  communities  to  prevent   them  from  harming  others;                                                               
secondly, to educate Alaskans about  consent to prevent harm from                                                               
happening.  She turned to slide 14  and conveyed that HB 5 is the                                                               
solution.   She detailed  a February 10,  2020 KNOM  article that                                                               
explored "[changing]  the law to  make prosecution for  rape more                                                               
possible."   The article referenced  the law  under consideration                                                               
in today's meeting and read:                                                                                                    
     Some  said an  outdated  statute  dealing with  consent                                                                    
     ensures  most  sexual  assault cases  won't  result  in                                                                    
     convictions.   Advocates  and survivors  say it's  time                                                                    
     for some of those laws to change.                                                                                          
1:25:33 PM                                                                                                                    
REPRESENTATIVE TARR  moved to  slide 16  and concluded  by posing                                                               
the following questions:                                                                                                        
     What  is   the  appropriate  criminal   justice  system                                                                    
     response  based on  the human  suffering caused  to the                                                                    
     How  much of  a danger  does  this person  pose to  the                                                                    
     community and how long should  they be removed from the                                                                    
     community so they can no longer cause harm?                                                                                
     How much do we want  to invest to improve public safety                                                                    
     and reduce sexual assault in Alaska?                                                                                       
1:26:14 PM                                                                                                                    
CHAIR KREISS-TOMKINS opened invited testimony.                                                                                  
1:26:38 PM                                                                                                                    
LISA ELLANNA, a  survivor herself, informed the  committee of her                                                               
experience as an  advocate for survivors of sexual  assault.  She                                                               
recalled that when survivors gathered  to provide support for one                                                               
another,  it  became   clear  that  none  of   their  cases  were                                                               
investigated  by   the  local  police  department.     The  group                                                               
proceeded to  insert themselves in  positions on  commissions and                                                               
boards  to spark  the conversation  around  improving the  police                                                               
department's investigation  and training efforts.   She explained                                                               
that over  the course  of several  years, they  encountered heavy                                                               
resistance  from the  police department.   The  group decided  to                                                               
take a different  approach and bring the issue to  a public forum                                                               
before the city council, which  prompted a cascade of events: 460                                                               
cases of  sexual assault were  revealed, which had  been reported                                                               
to  the police  department over  the course  of decades  and went                                                               
uninvestigated; the chief of police  left the force; and the city                                                               
manager  resigned.   She added  that they  also began  to take  a                                                               
community  approach to  the issue  and in  the process,  realized                                                               
that Alaska's consent laws are  inadequate.  She pointed out that                                                               
over 90 percent  of reported cases did not lead  to a conviction.                                                               
She acknowledged  that the  issue is  a difficult  one.   When an                                                               
individual  tells someone  that  he/she was  a  victim of  sexual                                                               
assault it is  often reported to law enforcement, which  - if the                                                               
system is  responsive - inserts  the victim into a  legal process                                                               
that  is retraumatizing.    She explained  that  there are  fears                                                               
associated with  reporting [sexual assault]  and a lot  of weight                                                               
is placed  on the  victim's decision, so  rates of  reporting are                                                               
most likely low.  In closing,  she stated that this bill needs to                                                               
pass.   She  said it  provides context  for police  to understand                                                               
consent  and investigate,  as well  as a  mechanism for  district                                                               
attorneys to provide tools to hold perpetrators accountable.                                                                    
1:31:10 PM                                                                                                                    
DARLENE  TRIGG informed  the committee  that she  is a  community                                                               
advocate [for  sexual assault] in  Nome.  She  contextualized the                                                               
importance of this  legislation by explaining what  it's like for                                                               
women to live in a state that's  not safe for them.  She conveyed                                                               
that  victims had  lost faith  in the  police force  and criminal                                                               
justice  system, adding  that many  victims  were assaulted  more                                                               
than once, which  leads to victims saying, "why  tell police when                                                               
they're not going  to do anything anyway."  As  a result, in Nome                                                               
in  particular, the  current state  of  affairs is  so poor  that                                                               
victims  are often  hospitalized for  suicide attempts  and other                                                               
self-destructive coping  mechanisms.   She said  she acknowledges                                                               
that living  with the  current laws creates  a culture  of safety                                                               
for perpetrators.   She shared her belief that women  do not know                                                               
what it  is to  be safe  because they  need to  put up  walls and                                                               
always be aware, which holds  them back from being productive and                                                               
safe community members.                                                                                                         
1:33:59 PM                                                                                                                    
KEELY OLSON,  Executive Director, Standing Together  Against Rape                                                               
(STAR) Alaska,  stated that  in 2018,  STAR's board  of directors                                                               
formed a  policy committee to  help educate and  inform lawmakers                                                               
about  existing   challenges  in  the  sexual   assault  statutes                                                               
informed by the lived experiences  of survivors.  One such policy                                                               
priority  included updating  the state's  definition of  consent.                                                               
Given that  Alaska has the highest  rates of rape in  the nation,                                                               
she  said,  it  seems  logical to  provide  law  enforcement  and                                                               
prosecutors with more  tools to effectively prosecute  rape.  She                                                               
explained  that  the  state's   current  definition  of  "without                                                               
consent" places the  burden on the victim to prove  that force or                                                               
threats  were used;  further, it  requires the  state to  try and                                                               
prove the victim  was incapacitated to the point  of being unable                                                               
to consent.   She pointed  out that in  practice, this is  a very                                                               
high  burden that  leads  jurors  to expect  the  victim to  have                                                               
sustained significant and visible injury,  which is often not the                                                               
case.  A growing understanding  of trauma response indicates that                                                               
a  victim often  freezes rather  than fighting  or fleeing.   She                                                               
noted  that the  statute does  not  account for  a victim  crying                                                               
throughout  the  assault and  not  fighting  back.   She  relayed                                                               
STAR's additional  policy priorities, including urging  the state                                                               
to do  more to protect  minors - ages 16  and 17 -  from targeted                                                               
victimization.   She reported  that under  questioning, offenders                                                               
often  tell  the  police  that   "16-year-olds  are  fair  game,"                                                               
suggesting  that  they  are  legal,  and  maintaining  that  [the                                                               
victim]  consented,  which places  the  burden  of proof  on  law                                                               
enforcement.   These cases often involve  the offender proffering                                                               
teens with alcohol  and drugs to render them  incapable of escape                                                               
and less likely  to report for fear of not  being believed or, in                                                               
some cases,  being charged with  underaged drinking when  they do                                                               
report.  She  said STAR receives numerous calls  on its statewide                                                               
sexual assault crisis line from  parents seeking support and ways                                                               
to  help their  teens who  were manipulated  into a  relationship                                                               
with a  much older adult.   In such cases, the  parents are often                                                               
powerless to order the adult to  stay away from their child.  She                                                               
pointed out  that impressionable youth  are often led  to believe                                                               
by  a predatory  adult that  they are  mature and  special, which                                                               
drives  a  wedge between  them  and  their  family support.    In                                                               
Alaska,  the  state  only protects  teens  from  adult  predatory                                                               
behavior  if the  adult holds  a position  of authority  over the                                                               
child.   She shared  her belief  that the  state should  be doing                                                               
more  to protect  its youth  particularly during  formative years                                                               
rather than treating them as grown adults.                                                                                      
MS.  OLSON  detailed  several  cases that  involved  the  use  of                                                               
trickery or fraud  to gain sexual gratification  by the offender.                                                               
She remarked:                                                                                                                   
     In one case, a woman  awoke to her husband spooning her                                                                    
     from behind in bed.   As was standard in their intimate                                                                    
     relationship, she  reached into the bedside  drawer for                                                                    
     a condom,  which she provided  to her husband  over her                                                                    
     shoulder  without  glancing  back.    They  engaged  in                                                                    
     sexual relations.  At some  point during the encounter,                                                                    
     to her horror, she realized the  man in her bed was not                                                                    
     her husband  at all.   In fact, it  turns out he  was a                                                                    
     homeless  man  who  snuck into  her  house  through  an                                                                    
     unlocked  door after  her husband  left for  work early                                                                    
     and  climbed into  her bed.    It's not  known and  was                                                                    
     never  substantiated  that  he had  been  stalking  and                                                                    
     watching her  for some time.   As soon as  she realized                                                                    
     this man  was a stranger  she jumped up and  called the                                                                    
     police.   The suspect  fled but was  later apprehended.                                                                    
     Since  he did  not  use  force, he  could  not be  held                                                                    
     accountable  for rape.   I  believe  he was  ultimately                                                                    
     prosecuted for illegal entry to her home.                                                                                  
     Another  case involved  a young  woman living  with her                                                                    
     fianc?  and his  family.    Their room  was  in a  dark                                                                    
     basement.   She was  in bed one  night when  her fianc?                                                                    
     entered.   She  called  out his  name  and he  answered                                                                    
     affirmatively.     They   began   engaging  in   sexual                                                                    
     relations.   At  some  point during  the activity,  she                                                                    
     came to  realize this  was not,  in fact,  her partner,                                                                    
     but  rather his  brother  pretending to  be  him.   She                                                                    
     screamed, he fled, and she  reported to law enforcement                                                                    
     with the  support of  her fianc?.   Although  the state                                                                    
     attempted prosecution, the offender  was acquitted by a                                                                    
     jury because  the state could  not show force  was used                                                                    
     in this case.                                                                                                              
MS. OLSON noted that these are  just several cases in which fraud                                                               
was used  to induce  consent.   She added  that the  frequency of                                                               
such  cases is  unknown  because  most do  not  result  in a  sex                                                               
offense charge, so they remain invisible.                                                                                       
1:40:11 PM                                                                                                                    
REPRESENTATIVE  STORY  thanked  Ms.  Ellanna and  Ms.  Trigg  for                                                               
sharing  their experiences  and  expressed  her appreciation  for                                                               
women's advocacy.                                                                                                               
1:40:53 PM                                                                                                                    
TAYLOR  WINSTON, Executive  Director, Alaska  Office of  Victims'                                                               
Rights (OVR),  informed the committee  that she is  testifying in                                                               
support  of HB  5 as  both the  executive director  of OVR  and a                                                               
former state prosecutor of sexual  offences.  She highlighted her                                                               
thirteen years of experience as  a state prosecutor, six of which                                                               
were spent supervising  the sexual offense unit  in the Anchorage                                                               
District Attorney's  office.  She  noted that as  the supervisor,                                                               
she screened virtually  every sexual offense case  that came into                                                               
the  Anchorage office  during those  six years.   She  shared her                                                               
belief  that  amending  the statutes,  particularly  SA1  [Sexual                                                               
Assault in the  First Degree], SA2 [Sexual Assault  in the Second                                                               
Degree],  SAM1 [Sexual  Abuse of  a Minor  in the  First Degree],                                                               
SAM2 [Sexual  Abuse of  a Minor  in the  Second Degree],  and the                                                               
definition  of "consent,"  is important  and long  overdue.   She                                                               
recalled seeing  "quite a  few" cases  in which  these amendments                                                               
were needed in  her role as a prosecutor.   She said the comments                                                               
from  previous testifiers  are  encapsulated  in her  experience,                                                               
adding that  this legislation  would help  close a  loophole with                                                               
regard to  SA1 and  SA2 in  Sections 1 and  2 of  the bill.   She                                                               
agreed  with Ms.  Olson  that  it is  difficult  to quantify  the                                                               
number of  victims that would  receive justice from  this change,                                                               
in part, because  if sexual assault is reported, it  might not go                                                               
further than  the level of  investigation since the  statute does                                                               
not  allow it.   She  explained that  closing the  loophole would                                                               
allow those  who had been  victimized to have justice  where they                                                               
were previously  denied; additionally, it would  potentially keep                                                               
others from becoming victims.                                                                                                   
MS.  WINSTON recounted  her experience  prosecuting  a case  that                                                               
involved  fraud.   She  said  upon  being  handed the  case,  she                                                               
immediately questioned her supervisor  about the statutes, saying                                                               
"[the victim] appears to consent  to the sexual activity, but not                                                               
consenting to the  person who was doing the  sexual activity with                                                               
her."   Her supervisor reassured  her, she prepared the  case and                                                               
took  it to  trial.   She  remembered that  the  victim, who  was                                                               
asleep at the  time of the assault and thought  the defendant was                                                               
her  fianc?,  shared  compelling  testimony;  however,  the  jury                                                               
ultimately acquitted  the defendant, providing no  justice to the                                                               
victim for  being violated.   She pointed  out that the  case was                                                               
tried on  the victim's  unawareness of the  sexual assault.   The                                                               
issue of consent, or lack  thereof, was also argued.  Ultimately,                                                               
she said  it was a sad  case for the  victim and the system  as a                                                               
whole, adding that the loophole should  be in the law, which this                                                               
bill hopes to cure.                                                                                                             
MS. WINSTON  addressed Sexual Abuse of  a Minor in the  First and                                                               
Second Degree.   She related that the law covers  16 and 17-year-                                                               
olds if  the perpetrator is in  a position of authority  but does                                                               
nothing for  them if the perpetrator  is not in such  a position.                                                               
She stated  "yes, we can talk  about the age of  consent, but the                                                               
people  who engage  in sex  with children  who are  more than  10                                                               
years older than  them are predators."  She added  that these are                                                               
not people  who are looking  to form a healthy  relationship from                                                               
normal  interactions,  rather,  they  are  people  who  seek  out                                                               
children and  groom them at  a vulnerable age.   Furthermore, she                                                               
relayed  that when  the abuse  from  this older  person comes  to                                                               
light,  it has  devastating emotional  effects, such  as suicide,                                                               
cutting, drug and alcohol abuse,  and other destructive behavior.                                                               
It can also create a wedge  between the child and his/her family.                                                               
She recalled a  number of cases that relied on  the discretion of                                                               
the judge to deem whether  the situation was aggravated and might                                                               
warrant  a   higher  sentence;  however,   there  was   often  no                                                               
reflection of  aggravation through the statutory  aggravators, so                                                               
there was no  justice for the victim.  She  stressed the "intense                                                               
ripple effect"  that occurs throughout  the victim's  life, which                                                               
is forever changed.   She said it has an  immense cost to society                                                               
on  health and  human services,  work productivity,  and criminal                                                               
behavior.   She went  on to  point out  that the  current [sexual                                                               
assault] laws  predate the invention  of the internet,  which has                                                               
allowed offenders an  easier way to pray  on vulnerable children.                                                               
In  closing,  she  reiterated  that   the  consent  sections  are                                                               
important  because  they would  provide  clarity  for jurors  and                                                               
lessen the burden on victims.                                                                                                   
REPRESENTATIVE  STORY  expressed  appreciation for  the  proposed                                                               
solutions  and  questioned  how   affirmative  consent  laws  had                                                               
impacted  other  states  that adopted  them  in  stopping  sexual                                                               
assault and predatory behavior.                                                                                                 
1:52:12 PM                                                                                                                    
REPRESENTATIVE  TARR said  there has  been a  national review  of                                                               
consent laws; however, most of the  work on this issue is recent.                                                               
She indicated that  it's too early to understand  the impact from                                                               
the adoption of new laws in other states.                                                                                       
1:53:31 PM                                                                                                                    
REPRESENTATIVE  CLAMAN  conveyed  his   support  for  avoiding  a                                                               
victim-focused trial.   He asked whether  the proposed definition                                                               
of  consent would  cause more  focus  on the  victim and  his/her                                                               
history than the current law.                                                                                                   
MS. WINSTON clarified  that the burden would be  shifted from the                                                               
victim to  the offender.   Regarding  the shift  of focus  to the                                                               
victim's past  behavior in  a trial setting,  she cited  the rape                                                               
shield law,  which puts the use  of past behavior as  evidence to                                                               
the discretion  of a judge.   She noted  that if the  behavior is                                                               
recent and  involves the  same person,  it could  be used,  but a                                                               
prosecutor would  evaluate the  surrounding evidence  and related                                                               
components.   She  stated  that cases  "are  apples and  oranges"                                                               
because each  is unique.   Ultimately, she  opined that  [the new                                                               
definition]  would not  cause  a greater  focus  on the  victim's                                                               
previous behavior.                                                                                                              
REPRESENTATIVE  CLAMAN  sought   verification  that  Ms.  Winston                                                               
indicated that  this bill  is unlikely to  change the  focus that                                                               
often  occurs in  sexual  assault cases  in  any significant  way                                                               
compared to current law.                                                                                                        
MS. WINSTON  clarified that she did  not mean to suggest  that it                                                               
won't  change  the focus.    She  explained  that under  the  new                                                               
definition  of consent,  there  would be  less  focus on  certain                                                               
aspects  of  a victim's  behavior  than  currently, because  [the                                                               
behavior]  wouldn't  meet  the   definition  and  could  even  be                                                               
precluded from  argument.  She went  on to state that  in certain                                                               
circumstances, the victim's prior behavior  may be relevant as it                                                               
relates to consent.                                                                                                             
1:59:14 PM                                                                                                                    
REPRESENTATIVE  CLAMAN referencing  data  from  DOL, stated  that                                                               
"the  percentage  of declined  sexual  assault  and sexual  abuse                                                               
cases  statewide  was running  roughly  50  percent declined  and                                                               
about 50  percent taken for  prosecution."  He asked  Ms. Winston                                                               
if  during   her  time  actively   prosecuting  in   a  statewide                                                               
supervisory  role,   the  50  percent  declined   case  rate  was                                                               
consistent with her observations.                                                                                               
MS. WINSTON asked Representative  Claman if his question pertains                                                               
to all sex offenses or just the ones related to this bill.                                                                      
REPRESENTATIVE CLAMAN replied all sex offenses.                                                                                 
MS. WINSTON  noted that without  specific numbers  from 2004-2010                                                               
she  could not  definitely  indicate a  percentage; however,  she                                                               
recalled that the  prosecution took around 65-70  percent and the                                                               
remainder percentage  was declined.   She conveyed that  the rate                                                               
of decline  was higher  in some areas  than others;  for example,                                                               
Sexual Abuse of a Minor cases  were often declined because of the                                                               
nature of the evidence.                                                                                                         
2:01:25 PM                                                                                                                    
CHAIR KREISS-TOMKINS asked  if the same case  involving fraud and                                                               
the fianc?'s brother was referenced by both invited testifiers.                                                                 
MS. WINSTON  said she had  not spoken  with Ms. Olson  to compare                                                               
notes.  She  acknowledged that the cases  they referenced sounded                                                               
similar.  She  further noted that in her case,  she was unable to                                                               
charge Sexual  Assault in  the First Degree  for lack  of consent                                                               
because there wasn't  a lack of consent that  fit the definition.                                                               
Sexual  Assault  in  the  Second  Degree,  however,  encapsulates                                                               
someone who is asleep or in  an altered state and was therefore a                                                               
better fit.                                                                                                                     
2:04:01 PM                                                                                                                    
BRIAN   HOSKEN,   Student   Services  Director,   Alaska   School                                                               
Activities Association (ASAA), informed  the committee that he is                                                               
a former  Anchorage School District administrator  with nearly 30                                                               
years  of  experience   overseeing  comprehensive  academics  and                                                               
activity/athletic programs.   Currently, his primary  role at the                                                               
Alaska School Activities Association  (ASAA) is to facilitate the                                                               
Coaching Boys into Men (CBIM) program,  which is in year two of a                                                               
five-year  grant.   He  relayed that  CBIM  is an  evidence-based                                                               
comprehensive  violence prevention  program  designed to  inspire                                                               
coaches to  teach their  athletes the  importance of  respect for                                                               
themselves,  others,  and  women  in  particular.    The  program                                                               
incorporates strategies, scenarios, and  resources needed to talk                                                               
with   boys    specifically   about   healthy    and   respectful                                                               
relationships, dating  violence, sexual assault,  and harassment.                                                               
Additionally,  CBIM recognized  that sports  are "[tremendously]"                                                               
influential  on culture  and the  lives of  young people  and was                                                               
designed  to utilize  and  leverage the  social  capital held  by                                                               
athletes.   He opined  that the principles  of teamwork  and fair                                                               
play,  which  are central  to  athletics,  make sports  an  ideal                                                               
platform to teach  healthy relationship skills.   He continued to                                                               
explain that  he trains  coaches to  teach a  curriculum designed                                                               
for a 12-week sports season  in which weekly training lessons are                                                               
presented from the coach to  the athletes.  These weekly teaching                                                               
sessions  include   topics,  such  as   personal  responsibility,                                                               
insulting   language,  disrespectful   language  towards   women,                                                               
digital disrespect, and understanding consent.   He noted that he                                                               
looks forward  to further developing  the definition  of consent,                                                               
adding that  within the CBIM  objective, consent is  discussed in                                                               
regard  to  respecting  personal  boundaries  in  intimate/sexual                                                               
activities;  furthermore,  CBIM  objects  the  use  of  pressure,                                                               
threats,  or  force  in  any physical  or  sexual  encounter  and                                                               
actively  opposes   incidents  of  rape,  sexual   coercion,  and                                                               
assault.   He  offered his  belief that  this bill  would further                                                               
define and help  this particular teaching component.   He went on                                                               
to discuss  the program goals  specifically developed  for Alaska                                                               
by ASAA.   He said that  many of the topics  incorporated by CBIM                                                               
and  HB  5   mutually  validate  the  need   for  a  preventative                                                               
educational component  and accountability  for perpetrators.   He                                                               
opined  that  the  clarification and  affirmative  definition  of                                                               
consent  in  this  legislation would  strengthen  the  scholastic                                                               
elements of CBIM.   To conclude, he said he  looks forward to the                                                               
opportunity  to employ  a  passed  HB 5  in  coordination with  a                                                               
statewide implementation  of CBIM  to further  education Alaska's                                                               
youth with the objective of eradicating violence towards women.                                                                 
2:09:17 PM                                                                                                                    
CHAIR KREISS-TOMKINS questioned where in Alaska CBIM originated.                                                                
MR.  HOSKEN  replied  that  the CBIM  program  was  developed  in                                                               
Sacramento, California and  has since gone nationwide.   He added                                                               
that in Alaska, the program was first implemented in Juneau.                                                                    
2:10:54 PM                                                                                                                    
REPRESENTATIVE  STORY  asked  Ms.   Ellanna  how  she  helps  her                                                               
community understand the importance of the change being sought.                                                                 
MS. ELLANA shared her understanding  that most of the individuals                                                               
who experienced assault and who were  part of the effort to bring                                                               
this  concern   forward  had  been  assaulted   while  under  the                                                               
influence of alcohol  or while asleep, in which  case, consent is                                                               
implied or  inferred under  current state law.   She  stated that                                                               
understanding  how  the  current  law  is  written  is  extremely                                                               
frustrating.  She went on to add  that if this bill were to pass,                                                               
the  new definition  of  consent would  provide  context for  the                                                               
police  and their  investigations,  as well  as  a mechanism  for                                                               
district attorneys to hold perpetrators accountable.                                                                            
2:13:19 PM                                                                                                                    
CHAIR KREISS-TOMKINS announced that HB 5 was held over.                                                                         

Document Name Date/Time Subjects
HB 5 Bill Hearing Request 2.23.2021.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Sponsor Statement 2.23.2021.pdf HJUD 3/4/2022 1:00:00 PM
HJUD 3/9/2022 1:00:00 PM
HJUD 3/30/2022 1:00:00 PM
HJUD 4/15/2022 1:00:00 PM
HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Bill Text 1.8.2021.PDF HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Sectional Analysis 2.23.21.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Legal Memo LAA 1.11.2021.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Policy Primer - Alaska's Consent Bill - Spring 2021.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Report Seeking Protection Indian Country 1.30.2021.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Report Rape Kits 12.30.2021.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Report DNA Not Collected 12.31.2020.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Report Without Justice In Nome 2.2021.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Report Disparities in Sexual Assault Crimes in Nome 2.2021.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Letters of Support (All) 3.24.21.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Fiscal Note - JUD-ACS-03.25.2021.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
SS for HB 5 3.26.2021.PDF HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Letter of Support - Planned Parenthood Votes 3.24.21.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Letter of Support - AK Coalition for Justice 3.27.21.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 5 Sponsor PowerPoint 3.27.21.pdf HSTA 3/27/2021 1:00:00 PM
HB 5
HB 55 pers-trs combination question 3.27.21.pdf HSTA 3/27/2021 1:00:00 PM
HB 55