Tag: Rape

Senate Moves To Remove Marriage Exemption To Sexual Assault

Marriage would no longer be a defense in cases of sexual assault if a Senate Bill becomes law.

Senate Bill 190 removes the defense of marriage from the definition of sexual contact and removes marriage as a defense to first and third-degree sexual assault.

Sen. Ryan Weld, R-Brooke, explained the purpose of the bill to the Senate Judiciary Committee.

“As it stands now, an individual could not be found guilty of sexual abuse in the first degree, if they were in fact, married to the victim, is that correct,” Weld asked of counsel. “And so that’s the distinction that we’re here making today, potentially within Senate Bill 190, so that would be what is called the marital exception. So we would be removing that.”

Senate staff counsel confirmed what Weld said.

The prosecuting attorney for Monongalia County, Gabrielle Mucciola, testified before the committee. She said that the marital exemption is a barrier to prosecution in crimes involving a marriage.

“These cases are wildly underreported,” Mucciola said. “And I would say that this exemption creates just another hurdle for victims of sexual abuse and sexual assault to come forward and feel comfortable that West Virginia adequately protects them.”

Opponents of the bill voiced concerns about false reporting and “he said, she said” arguments. Sen. Patricia Rucker, R-Jefferson, spoke in opposition to the bill. 

“I wish that I could feel confidence in the checks and balances and judicial system that we have,” Rucker said. “But the reality is that in this day and age, there are many, many cases where individuals who are angry with each other, disappointed by each other, fighting and trying to take advantage of our system to try to hurt the other person because of whatever, angry, whatever has occurred. And they’re not always truthful.”

Weld spoke in favor of the bill, citing his trust in the justice system’s ability to try these crimes. 

“The decision before us right now, is whether we want to signify to the married people around this state, man or woman and to the rest of the nation for that matter, that it is a crime to sexually abuse your spouse. That is the question for us,” Weld said. “Are we going to allow for spouses to be sexually abused in the state? Or are we going to put a stop to that and find that there is no difference? Whether or not you sexually abuse your spouse, or whether you sexually abuse a stranger off the street?”

Sen. Jay Taylor, R-Taylor, apologetically supported the bill.

“I’m sorry to, you know, some have encouraged me to vote against this bill,” Taylor said. “But I just I have to vote yes, because I respect my wife, and it just does not make sense to me that this is in our laws. And I understand that the argument about well, it could get abused. Well, all of our laws get abused by so many different things.”

The bill passed by a roll call vote of 13 to 4 and was read on first reading on the Senate floor Friday.

Alleged Rapes Part Of State Police Misconduct Investigation

In a Wednesday administration media briefing, Gov. Jim Justice talked about alleged rapes by a state trooper that are now under federal investigation. 

In a Wednesday administration media briefing, Gov. Jim Justice talked about alleged rapes by a state trooper that are now under federal investigation. 

Charleston Attorney Dante DiTrapino sent a notice to sue letter to the state on his client’s behalf. The law requires a 30-day notice before bringing a civil suit on a government entity. The letter details allegations that in December 2021, Trooper Michael J. Miller drugged, kidnapped and raped an unnamed woman. 

“She is suffering from Post Traumatic Stress Disorder (PTSD), and is in intense treatment and counseling in connection with the physical, mental, emotional and psychological injuries visited upon her by Miller,” the letter states.

The letter notes the FBI is aware of Miller’s alleged acts.

“She woke up naked in her bed, with blood, urine and feces all over her,” the letter continues. “Her earrings were ripped out of her ears, her hair was pulled out, her teeth were damaged, and she had been raped vaginally and sodomized with some instrument. This is all confirmed by the rape unit at the emergency department of CAMC’s Women’s and Children’s Hospital.”  

2023-03-21-Letter-to-Hoyer-_RedactedDownload

In the briefing, Justice offered few details about this particular ongoing investigation.     

“I think it’s primarily one person, maybe multiple rapes,” Justice said. “The FBI has the investigation at this point in time. I do believe it’s one person.”

A check of the state’s public database shows a Michael J. Miller with the West Virginia State Police earned $74,905 in 2022, the year after the alleged incident.

In the briefing, acting State Police Superintendent Jack Chambers said two senior troopers have been reassigned.

Former Chief of Staff Services at State Police headquarters Major Shallon Oglesby will now serve as a first lieutenant in procurement rather than the previous rank of major. Former Major James Findley will also now serve as a first lieutenant.

Chambers said he has promoted Jim Mitchell to a chief of staff role highlighting media relations.

“I do feel like the decision with Jim Mitchell will be well accepted,” Chambers said. “He’s an honest person and a very good speaker. He’ll be dealing with all the media outlets.” 

Chamber said no trooper has been fired as of yet. He said the investigation into an alleged theft of cash by a senior trooper at the Mardi Gras Casino was nearing completion.  

Wheeling attorney Teresa Toriseva has filed a letter of intent to sue on behalf of several women worried that their images may have been caught on a camera that was placed in the State Police Academy women’s locker room.

Justice said Chambers needs more time to further investigate a hidden camera incident that may or may not include multiple victims.

“For all we knew 10 days ago, there was a thumb drive,“ Justice said. “There was a videotape made. We don’t know how many people have been filmed. You know, it was told and represented to us that only one person had been filmed. I don’t like that, but I can’t dispute that until we get to the bottom of an investigation.” 

Justice continues to say the bodycam video he viewed regarding an investigation into a person’s death during a confrontation with troopers on I-81 near Martinsburg was “very concerning.”

“You’ve got a trooper in the dark with somebody walking down the interstate, which they shouldn’t be there at all,” Justice said. “Somebody’s walking down the interstate and a trooper is in the dark with traffic flying by him at 80 miles an hour. Granted, these people are supposed to be trained to be able to handle all this.”

Justice said he will be glad to release the bodycam footage upon a prosecutor’s OK in this continuing State Police investigation.

Marital Consent Discussed During Legislative Interim Meetings

Monongalia County Prosecuting Attorney Perri Jo DeChristopher appeared Monday before lawmakers in the Joint Standing Committee on the Judiciary to ask the legislative body to reconsider Senate Bill 498.

Monongalia County Prosecuting Attorney Perri Jo DeChristopher appeared Monday before lawmakers in the Joint Standing Committee on the Judiciary to ask the legislative body to reconsider Senate Bill 498.

SB498, first introduced in 2021, aims to remove an exemption from the state’s definition of sexual contact which, according to DeChristopher, excuses many forms of marital rape.

“A 2003 study found that 24 states and the District of Columbia have abolished marital immunity for sexual offences,” De Christpher said. “Twenty-six states within our country retain marital immunity in one form or another. We in West Virginia are among those 26 states.”

During questioning, Sen. Robert Karnes, R-Randolph, purported that intimacy is part of the contractual agreement of marriage under law.

“There is something of an implied contract there that there’s going to be certain benefits to being married. I don’t think very many people would get married if they thought it wasn’t going to work that way,” Karnes said. “You’re citing one section of code, but you mentioned before that this is actually sprinkled throughout our code. You’re saying there’s nowhere in any of our code that would not require the scenario that I’m saying you could still touch your wife or your wife can touch you any way they want. Until you say no.”

DeChristopher responded that it isn’t quite that cut and dried.

“There’s lots of reasons and there’s lots of ways for a victim to convey their lack of consent to some type of sexual touching or sexual intercourse without actually saying the word no,” she said.

Sarah Blevins is the development director for Branches, a domestic violence center in Huntington. To clarify consent, she said married and unmarried people should have the same rights.

“Well, obviously as an advocate, to me, it doesn’t make a difference what the person’s circumstances are,” Blevins said. “Everyone has the right to have their consent validated, to have their preferences heard. As far as I’m concerned, it is a problem for both unmarried and married folks. We need to be looking at it with equal treatment.”

Blevins said conversations devaluing a victim’s experience could have a negative impact on survivors of domestic abuse and sexual assault.

“One of the real dangers of when we start parsing out what consent is or isn’t, is that we invalidate survivors’ stories and voices, and that can have a super detrimental effect on their willingness to report on their willingness to seek services,” Blevins said. “We want to be very aware of that when we’re talking about consent.”

Blevins asserted that consent is not a constant assumption and that there is a continuum of consent while building any relationship.

“It’s really important for us to educate our community about what consent is and what it isn’t,” she said. “There is a whole continuum of consent, and if you are trying to build a healthy relationship with someone, it should be a priority for you to seek their consent in your interactions with them.”

During the session Karnes questioned the concept of consent within a marriage and suggested the state add a section to marriage licenses, asking couples to agree to being touched by their spouse.

To this suggestion, DeChristopher responded, “I don’t think you can consent to be the victim of a crime in perpetuity.”

Rape And Incest Exemption Fuels Abortion Bill Debate

There are few exceptions in the West Virginia abortion bill (House Bill 302) that continues to move toward passage during a special legislative session. On Tuesday the argument continued over making an exception to rape and incest victims who become pregnant.

There are few exceptions in the West Virginia abortion bill (House Bill 302) that continues to move toward passage during a special legislative session. On Tuesday the argument continued over making an exception to rape and incest victims who become pregnant.

Debate among House of Delegates Judiciary Committee members was not pro-life versus pro-choice. Democrats said they now have to pick their battles rather than wage war against a Republican supermajority.

Del. Lisa Zukoff, D-Marshall, said the majority of her constituents support including rape and incest as abortion ban exceptions.

“We’re here to do the will of the people, not voice our own personal beliefs,” Zukoff said. “I just cannot fathom making women who have been forcibly raped and through incest, especially children who have no control at all, had non-consensual sex resulting in pregnancy, and then we’re going to force those births?”

Del. Jonathan Pinson, R-Mason, said he did vote with his constituents and his conscience.

“Ultimately I believe life has value and the circumstances surrounding conception do not belittle the value of life so that’s why I voted no,” Pinson said.

House Minority Leader Doug Skaff, D-Kanawha, gave the most impassioned plea to exempt rape and incest victims.

“Think about your 12, 13 or 14 year old daughter or cousin or niece who was raped,” Skaff said. “The next thing you know, they could be forced to have a baby? Or what if a trusted family member forced themselves upon that young child. And now they’re going to be forced to live with that horrific memory their whole life.”

Del. Pat McGeehan, R-Hancock, said he had to consider the rights of what he sees as a life still unborn.

“I think an innocent child is still alive, regardless of how they came into this world,” McGeehan said. “I just don’t think the correct way to deal with that is to participate in an additional evil.”

The committee amendment to exclude rape and incest from the abortion ban failed 16 to 7.

A public hearing on the abortion law takes place at 9 a.m. Wednesday in House Chambers.

The House wil reconvene at noon Wednesday to have a third and final reading on the abortion bill.

Service To Protect Crime Survivors Expands To Include W.Va. Jails

 

An informational network that is designed to help crime and rape survivors in West Virginia check an offender’s custody status has expanded to include all regional jails in the state.

The West Virginia Division of Corrections and Rehabilitation has widened the reach of its Victim Information and Notification Everyday network, or VINE. 

VINE is a free service that allows survivors to anonymously check an offender’s custody status by phone, internet and mobile app. Survivors can also receive real-time alerts of changes to an offender’s custody status via app, phone, email and text.

VINE now includes all ten regional jails in West Virginia. Prior to the expansion, the service only covered the state’s prisons.

In a press release from the Division of Corrections, Tonia Thomas, a team coordinator with the West Virginia Coalition Against Domestic Violence, said the expanded service will help survivors “rest easy at night knowing where the perpetrator is.”

The service also allows victims to prepare and take extra safety precautions when their perpetrator is released. 

West Virginia began to expand VINE services to the regional jails in May.

More than 23,000 West Virginians have registered to use VINE services.

Reckoning with Sexual Assault: Righting a Wrong

Two college freshman spend a night together. There’s inexperience, miscommunication and things go wrong — really wrong.

One of them calls what happened sexual assault, the other calls it rape. But together, they’ve found a remarkable way to recover, heal and learn.  

For this episode, Trey speaks with Stephanie Lepp, the producer of the podcast “Reckonings” about the story of Anwen and Sameer and one night that has changed their lives.

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