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 5(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 5. 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 5. 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 5 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.]