Sexual Assault Story Archives - West Virginia Public Broadcasting

New Program Addresses Military Sexual Trauma Among Women Veterans

The Department of Veterans Assistance launched a new program that aims to support women veterans, especially those who have experienced military sexual trauma.

People of all backgrounds experience sexual violence, but sexual harassment and assault against women veterans is especially pervasive.

According to the United States Department of Veteran Affairs, one in three women veterans report experiencing sexual violence during their military service.

To provide resources that better address military sexual trauma, the West Virginia Department of Veterans Assistance has launched a new Women Veterans Program.

The program will be led by Jessica Lynch, a West Virginia resident who was taken as a prisoner of war in Iraq in 2003.

Lynch joined Gov. Jim Justice’s virtual press briefing Wednesday to share news of the program’s launch, and her hopes for what it can accomplish.

“It’s going to be a very exciting job that I’m willing to take on, and I hope that we are able to reach more women veterans across the state,” she said.

Edward Diaz, cabinet secretary for the Department of Veterans Assistance, said addressing gaps in resources for survivors of military sexual abuse was a top priority entering his current position.

Women veterans are “just so much more likely to have experienced sexual harassment, sexual assault and, of course, unfortunately, rape,” he said. “It needs to be addressed not only on a national level, but also within our home state here.”

Diaz said that social stigma surrounding sexual violence often discourages survivors from coming forward and seeking the resources they need.

“A lot of the women who have gone through this — and even men who have gone through this — they aren’t as comfortable talking to male veterans,” he said. “They’re reluctant to come into our offices. They’re reluctant to come in for assistance.”

Plans for program outreach remain under development. But the Department of Veterans Assistance plans on hosting community events, and directly contacting local veteran communities around the state.

The goal is to spread awareness about the resources available to survivors, and help them to access support.

“There are initiatives across every state and territory in the U.S. trying to address this problem — trying to make sure that women are heard,” Diaz said. “From a state level, I wanted to bring this forward.”

Diaz said that Lynch has remained an important and passionate supporter of women veterans in West Virginia since her military service.

When looking for someone to lead the program, this made Lynch an obvious choice.

“Over the past several weeks getting to know her on a personal level, I’m in awe. I’m truly amazed of her character … being able to empower women veterans across the state,” he said.

Justice applauded the Department of Veterans Assistance for their new program, and Lynch for her work leading the project.

“You’re stepping up for West Virginia again, and you’re stepping up for our women’s veterans and everything that need help, need help, need ambassadors,” he told Lynch.

Health care providers have also made recent steps toward advancing resources available to women veterans. Earlier this month, the Berkeley VA Medical Center opened a new clinical space to specifically address the needs of women veterans.

Justice said it is important to continue advancing resources for women veterans.

“Let’s try to do any and everything we can to salute and help our women veterans,” he said.

Spousal Sex Abuse Fully Criminalized, Marking ‘New Day’ For Survivors

Gov. Jim Justice signed a law on Friday eliminating marital exemptions for sex abuse. Advocates say the new law will help survivors pursue legal recourse for their experiences with spousal abuse.

In West Virginia courtrooms, marriage no longer qualifies as a legal defense for sexual abuse.

Gov. Jim Justice signed Senate Bill 190 into law Friday, removing all remaining marital exemptions for crimes of sexual violence.

Previously, state law blocked spousal prosecution over acts classified not as sexual assault, but as “sexual abuse” — namely non-consensual sexual touching.

Exemptions like these were even steeper decades prior. Spousal rape was not a criminal offense in the state until 1976.

That’s when former Sen. Judith Herndon, R-Ohio, then the only female state senator, called for changes to the state’s sex abuse laws that were later adopted by the West Virginia Legislature.

With spousal sex abuse now fully criminalized, state officials and community advocates alike have expressed hope that more support for survivors lies ahead.

Becoming Law

Marital exemptions for sex abuse have long been a concern of advocates for the survivors of domestic violence.

“This was definitely not new to this session. I’ve been working in advocacy full time for the last eight years, and I know that it’s been in conversation for as long as that,” said Sara Belvins O’Toole, director of development with Branches Domestic Violence Center.

Based in Huntington, Branches provides housing support to victims of domestic violence across five West Virginia counties.

This year, however, discussion over the statute grew in February, as members of the West Virginia House of Delegates debated the so-called “Women’s Bill of Rights.”

That bill aimed to define sex-based terminology in state law, and create protections for “certain single sex environments.”

Opponents of the bill described it as discriminatory toward transgender residents. Del. Kayla Young, D-Kanawha, introduced an amendment with several new provisions to exemplify “what [it] could look like if women had equal rights under the law.”

That included removing sales taxes on period products, establishing parental leave for state employees — and removing marital exemptions for sex abuse from state law.

Young’s other ideas were shot down. But one part of her amendment ultimately passed: removing the marital rape exemption.

The Women’s Bill of Rights, and therefore Young’s amendment, did not become law. But the possibility of removing marital exemptions grew as the session wore on.

A bill proposed earlier in the session by Sen. Ryan Weld, R-Brooke, passed through the West Virginia Senate later in February, then the House in March.

And, on Friday, Justice signed Weld’s bill into law.

Supporting Survivors

At a Feb. 23 Senate Judiciary Committee meeting, Gabrielle Mucciola, prosecuting attorney for Monongalia County, attested to the bill’s importance for supporting survivors of domestic violence.

“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.”

“You can imagine the heartbreak that a survivor might feel if they’re going through the legal process and, all of a sudden, because they were married to that person, what happened to them is not validated,” Belvins O’Toole said.

With the bill passed, advocates for survivors of domestic violence say they expect these barriers to reporting sexual violence will be reduced.

“Hopefully… people understand that this is an option for them now,” said Julie Britton, director of the YWCA Resolve Family Abuse Program in Charleston. Britton’s group offers housing and emergency interventions for survivors of domestic abuse.

Belvins O’Toole said the new law ensures that people are equally protected from sexual violence.

According to her, reducing barriers to prosecuting sexual violence is especially important because it expedites a process that can be difficult for survivors. “Most importantly, this is a win for survivors,” she said.

Britton agreed, expressing hope for a better future for survivors across the state.

“I just think that this is a new day for West Virginia,” Britton said. “It’s just another tool that we can use to make sure survivors get the justice that they absolutely deserve.”

Lawmakers Close Marital Sexual Assault Loophole

Spouses can now be charged with marital sexual abuse against their partners after a bill to close the loophole in the law passed both chambers Friday.

Senate Bill 190 eliminates marriage as a defense for first and third-degree sexual assault in West Virginia.

The bill requires that there was physical force that overcame earnest resistance.

Lead sponsor of the bill, Sen. Ryan Weld, R-Brooke, said he is following in the steps of his predecessor, the late Sen. Judith Herndon, who removed the marital exception from the state’s sexual assault code. She was the only woman in the Senate at the time.

In West Virginia, sexual assault is in most cases considered rape. Sexual abuse is unwanted groping or otherwise unwanted touching inappropriately.

Previously, the state’s sexual offense statute that defined “marriage” allowed exemptions for certain kinds of assault when people are married or “living together as husband and wife regardless of the legal status of their relationship.”

The bill passed the Senate on Feb. 26, and the House on Friday unanimously.

Further Reducing Unemployment Numbers In W.Va.

On this episode of The Legislature Today, West Virginia, like most of the country, is enjoying record setting low unemployment numbers after the coronavirus pandemic. Briana Heaney sat down with Josh Sword, president of West Virginia’s AFL-CIO, and Del. Clay Riley, R-Harrison, to discuss two bills that would reduce unemployment benefits in the state.

On this episode of The Legislature Today, West Virginia, like most of the country, is enjoying record setting low unemployment numbers after the coronavirus pandemic. Briana Heaney sat down with Josh Sword, president of West Virginia’s AFL-CIO, and Del. Clay Riley, R-Harrison, to discuss two bills that would reduce unemployment benefits in the state.

Also, we’re in the final two weeks of the 2024 state legislative session. All bills, except for the budget bill, must be out of their chamber of origin by the end of the day Wednesday to give time to consider the bill. This is called Crossover Day.

In the House Monday, lawmakers passed bills on third reading altering the state’s definition of human trafficking and a separate bill increasing leniency over youth vaccination. Jack Walker has the story.

In the Senate, the chamber passed and advanced bills concerning marital sexual assault and unemployment benefits. Briana Heaney has the story.

Finally, it was Nursing Day at the Capitol. Bob Brunner spoke with nurses about the challenges they face, and he spoke with a leader who runs a retreat for nurses who are burned out.

Having trouble viewing the video below? Click here to watch it on YouTube.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Two More Weeks Of The 2024 W.Va. Legislative Session

On this episode of The Legislature Today, we are in the final stages of the 2024 West Virginia Legislative session, and the pace is picking up with just two more weeks to go. Next Wednesday, Feb. 28, marks what is known as Crossover Day. That is the day all bills must be out of their chamber of origin if they are to be considered for passage this year.

On this episode of The Legislature Today, we are in the final stages of the 2024 West Virginia Legislative session, and the pace is picking up with just two more weeks to go. Next Wednesday, Feb. 28, marks what is known as Crossover Day. That is the day all bills must be out of their chamber of origin if they are to be considered for passage this year.

In the House Friday, bills on third reading ranged from improving schools and learning, to providing guidance on social media and political campaign ads, along with harsher penalties for the sexual assault of a minor. Randy Yohe has more.

In the Senate, the chamber considered bills on welfare, natural hair, oil and gas taxes, as well as one that would affect West Virginia Public Broadcasting. Briana Heaney has more.

Also, marriage would no longer be a defense in cases of sexual assault if a Senate bill becomes law. Emily Rice has more.

And, our high school reporters were interested in interviewing some of the people behind the scenes that make the legislative session run. Ameera Mustafa interviews Senate Doorkeeper Jeff Branham.

Unfortunately, there was a problem with the audio recording of high school reporter Ben Valleau’s interview with Donnie Linkenhoger, so we are unable to bring you that part of the program. Our apologies to Mr. Linkenhoger and Mr. Valleau.

Finally, for our reporter roundtable this week, Chris Schulz joins our two primary legislative reporters, Randy Yohe and Briana Heaney, to discuss some of the things they’ve been reporting on this week.

Having trouble viewing the video below? Click here to watch it on YouTube.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Improving Schools, Holding Social Media Accountable On House Docket

From improving schools and learning, to providing guidance on social media and political campaign ads, along with harsher penalties for the sexual assault of a minor the House of Delegates had a wide range of bills on third reading Friday.

Local school improvement councils are one way the legislature hopes to improve academic performance.

Senate Bill 172 would revise the requirements of those councils to include teachers, staff, parents and students in grades seven or higher. Council members would be trained in school and community engagement, transparency and more.

The bill passed 93-4 and now goes to the Senate.

House Bill 4191 is intended to prevent corruption and provide transparency of election-related content on social media websites.

Key to this bill would be to hold social media platforms, like Facebook or X for example, responsible if found to cause any increase in online visibility or attempt by the social media platform to modify and influence a user’s understanding or opinion regarding any candidate, party, or political party in the State of West Virginia. Enforcement would be through the Secretary of State and Attorney General’s office.

The bill passed 61-35 and goes to the Senate

House Bill 5235 would double the criminal penalty for anyone found guilty of the sexual assault on a minor.

Del. Joey Garcia, D-Marion, had concerns over unintended consequences of the bill. He recalled from testimony in committee that double penalties could suppress plea agreements and adversely affect juvenile victims having to go to trial.

“If somebody is unwilling to take a plea, and they’re going to roll the dice on the trial, you have to prepare the victim, you have to have the victim testify and have to go through really the trauma, the trauma of that situation all over again,” Garcia said. “And there’s a possibility that they would lose, which can always happen at trial, and that somebody who may have committed an act like this gets off.”

But Del. Todd Kirby, R-Raleigh, voiced a different perspective. He noted that a large percentage of the cases that are tried in his district involve child sexual abuse.

“And the reason is, the penalties are already extremely high as well, they should be,” Kirby said. “But if we’re going to have the people that are victims of these horrible crimes come forward and express their story and tell their story to a jury, often in an open courtroom, we should allow them to secure a sufficient penalty for the perpetrator. And so I think that I don’t disagree that there may be some instances where this could keep a defendant from pleading guilty. So be it, let him come in and defend himself and let the victim tell the court and the jury exactly what happened. And when that happens, they should be rewarded with a stiff penalty of 40 years, and a doubling of all the other penalties.”

The bill passed 98-0 and also goes to the Senate.