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.