Tag: Sexual Assault

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.

Sexual Violence Awareness Advocates Ask Legislators To Change Existing Laws

Advocates from across the state gathered at the state capitol Thursday to bring attention to sexual violence.

It was Sexual Violence Awareness Day at the Capitol. The Foundation for Rape Information and Services, or FRIS, was there to educate legislators and the public about problems in the system.

Nikki Godfrey, the assistant state coordinator with FRIS, said the organization is focused on two issues this legislative session: updating the offense definition of extortion and exemptions for marital rape.

Senate Bill 175 updates offenses of extortion and attempted extortion. 

“Which provides additional protection for if folks say a student is being told that they can’t get their grade unless they do a sexual favor for a professor,” Godfrey said. “So there’s just a gap in our code, when we’re looking at coercion, and being able to provide that protection for an individual.”

House Bill 4982 would remove marriage from the definitions listed for crimes of sexual offenses.

“The other one has been the talk of the town the last year, and that’s really just providing equal protection for individuals who are married in our state,” Godfrey said. “So right now, our definition of sexual contact says that it can’t be protection for folks who are married. So if someone forces or threatens or, you know, says there’s bodily harm possible, and they engage in sexual contact with someone, it could be charged, but not if the person is married.”

Godfrey said there was a lot of confusion surrounding marital rape during last year’s legislative session.

“I think last year, there were just a lot of misconceptions around it and confusion about what that meant, you know, how that affects people who are married,” Godfrey said. “And you know, when we look at forcible compulsion, there has to be a threat of bodily injury. So it rises to the level that you know, if someone can report that it could be investigated and charged.”

Godfrey said after conversations with lawmakers in the upper rotunda, FRIS is feeling hopeful.

“I really feel like just addressing some of the misconceptions and providing some examples to folks of what that could look like and why it is important to individuals in West Virginia to add that protection,” Godfrey said. “So I feel like that folks are really understanding and hearing it.”

On the Senate floor, Sen. Patricia Rucker, R-Jefferson, spoke in favor of designating Feb. 1 as Sexual Violence Awareness Day.

“West Virginia ranks fifth in the country for lifetime prevalence of contact sexual violence, 61.7 percent are females,” Rucker said. “Out of the 47 percent of assaults committed by acquaintances in West Virginia, 82 percent are by someone known by that victim a direct relationship to that victim in West Virginia, one in six women and one in 21 men will be victims of attempted or attempted or completed sexual assault.”

 More Than $800,000 Will Help W.Va. Sexual Assault Victims

U.S. government statistics reveal one in six women will experience an attempted or completed rape at some time in her life, and it is estimated that a majority of female rape victims are younger than age 18.

The $801,797.00 in federal grant funds announced by Gov. Jim Justice on Thursday will provide core services, direct intervention, and related assistance to victims of sexual violence at the state’s 12 regional rape crisis centers. 

Nancy Hoffman, state coordinator with the West Virginia Foundation for Rape Information and Services, said this money pays for frontline assistance.

“It does provide the opportunity for our centers to do 24/7 crisis intervention,” Hoffman said. “To have phone lines and advocates available 24/7 to go to the hospitals with victims for support if they have a forensic exam.”

The annual funding is administered through the West Virginia Sexual Assault Services Program. Hoffman said it’s not a new revenue stream.

“This is actually the 15th year of the funding,” Hoffman said. “It has increased over the years and enables our 12 regional rape crisis centers to be able to provide those services. When the funds first were appropriated on the federal level, those funds only supported nine centers in the state. Now, with increased funding, we are able to support 12.” 

Hoffman said while the grant is large, providing 24/7 crisis intervention for all 55 counties carries a cost that averages out to $14,545 per county. She says it doesn’t cover all that’s needed.

“We are reliant on support from the state,” she said. “We’re reliant on other grants and community donations to be able to provide those services.” 

U.S. government statistics reveal one in six women will experience an attempted or completed rape at some time in her life, and it is estimated that a majority of female rape victims are younger than age 18. 

Hoffman said West Virginia statistics mirror those numbers.

She said West Virginia’s arrest rates are remarkably low, noting that in 2019, 88 percent of the sexual assaults that were reported to law enforcement were not cleared, and only 9 percent were cleared by arrest. 

Hoffman said about only one third of sexual assault victims actually do report to law enforcement, so the reporting numbers are low. 

“That’s something that we’re certainly looking into with our partners,” Hoffman said. “We’re hoping that the legislature will consider doing a study on that to see if we can drill down even deeper to determine why people are reluctant to report.” 

Latest In State Police Hidden Camera Investigation On This West Virginia Morning

On this West Virginia Morning, the latest legal complaint concerning the West Virginia State Police hidden camera investigation outlines an alleged culture of misconduct towards women, with accusations of sexual assault and concerns over reforms. Randy Yohe has the story.

On this West Virginia Morning, the latest legal complaint concerning the West Virginia State Police hidden camera investigation outlines an alleged culture of misconduct towards women, with accusations of sexual assault and concerns over reforms. Randy Yohe has the story.

Also, in this show, Mountain Stage and host Kathy Mattea last year brought the show to Harrisonburg, Virginia at the invitation of our affiliate station WMRA and their partners at the Forbes Center for the Performing Arts at James Madison University. One of our guests in that show was Joy Oladokun who has our Song of the Week. We listen to her performance of the simply powerful and beautiful, “If You Got A Problem.”

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Concord University and Shepherd University.

Our Appalachia Health News project is made possible with support from CAMC and Marshall Health.

West Virginia Morning is produced with help from Bill Lynch, Caroline MacGregor, Chris Schultz, Curtis Tate, Delaney Wells, Emily Rice, Eric Douglas, Liz McCormick, and Randy Yohe.

Eric Douglas is our news director. Caroline MacGregor is our assistant news director and producer.

Teresa Wills is our host.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Pilot Program To Allow Survivors Attend Court Virtually

Pandemic-era technology will help survivors of domestic and sexual abuse face their alleged abuser in court – virtually. 

Pandemic-era technology will help survivors of domestic and sexual abuse face their alleged abuser in court – virtually. 

Officials in Lincoln, Mason and Wayne counties will hold public tests of a program that allows victims of domestic violence and sexual assault to file petitions and attend follow-up hearings without visiting a courthouse. 

Previously, victims of domestic violence and sexual assault had to go in person to a magistrate court to seek domestic violence protective orders or personal safety orders, and they had to attend follow-up hearings in person. 

According to Lisa Tackett, the director of court services for the West Virginia Supreme Court, in the pilot counties, victims can still go to court, but they also have the option of participating in the court hearings remotely from another location. 

“We’re very proud of it at the Supreme Court,” Tackett said. “All of the justices have been fully behind this program and they really want to make sure that individuals that need protection, feel safe and feel like they have an alternative.”

With the addition of Lincoln, Mason and Wayne counties, the total number of counties participating in the Remote Domestic Violence and Sexual Assault Outreach Project, is seven. The other active counties are Cabell, Jefferson, Kanawha and Ohio.

“They’ve been through, in most instances, something very traumatic that has happened,” Tackett said. “These advocates are trained to deal with these individuals, to help them think about their safety, their family’s safety, and they can help them in an atmosphere that is not as intimidating as going into the courthouse.”

In a press release from the Supreme Court of Appeals, an anonymous user of the program shared their thoughts on what it meant to have this remote option: 

“When I found out about the option provided at the Sexual Assault Help Center where I could participate virtually, my anxiety was significantly reduced, and I finally felt like I can do this, and things will get better. I’m very appreciative that this virtual option is available for individuals facing the unthinkable.”

Update: Hemp Restrictions, Alcohol Enhancement Bills Among Number To Pass Legislation 

On Friday, the House passed Senate Bill 220, the Industrial Hemp Development Act, covering the sale of kratom and other hemp-derived cannabinoids including delta-8 and delta-10.

Updated on Saturday, March. 11, 2023 at 5:20 p.m.

The political ping-pong match that is the final day of session is starting to provide results. Saturday afternoon, the Senate received several bills from the House of Delegates and concurred on their amendments.

Senate Bill 220, the Industrial Hemp Development Act, became law, as did Senate Bill 534, which allows cities to designate outdoor areas for the sale, service and consumption of alcoholic beverages.

Senate Bill 422, which requires public schools to publish curriculum online at the start of each school year also became law.

Original Post:

On Friday, the House passed Senate Bill 220, the Industrial Hemp Development Act, covering the sale of kratom and other hemp-derived cannabinoids including delta-8 and delta-10. The bill limits the sale to those 21 years old and up. Unapproved products are considered contraband with criminal penalties for unlawful possession, distribution and sales.

The House amended the bill to exempt products with no THC, derived mostly from the plant stems, such as clothing and flip-flops. 

The vote was 92 to 4 and it returned to the Senate.

Online Curriculum

Senate Bill 422 requires each school to publish its up-to-date curriculum on the school’s or County’s website. This was recommended by Gov. Jim Justice during his State of the State address. New or revised curriculum would have to be posted within 30 days of adoption.

Some delegates said the bill duplicates what is already accessible. Others said working parents struggle to attend teachers meetings, and a curriculum posting should be easily accessible.

The vote was 75-21. SB 422 returns to the Senate.

Outdoor Alcohol

Senate Bill 534 allows cities to designate outdoor areas for the sale, service and consumption of alcoholic beverages through city ordinance and state-licensing. Del.  Tom Fast, R-Fayette, objected to allowing free alcohol samples at fairs and festivals. 

Del. Bryan Ward, R-Pendleton, also objected to government promotion of alcohol.

“I would just suggest maybe next year we can try to legalize prostitution and the state could just be the pimps and we could make some money,” Ward said.

The vote was 59-32 and it returned to the Senate .

Campaign Contributions

After an abrupt and vote-turning debate, the House advanced Senate Bill 508, increasing campaign contribution limits that trigger reporting requirements. 

Currently, any person who contributes more than $500 in a three-month period, or $200 in any one month, to present a program to the public designed to influence legislation must register with the state Ethics Commission as a sponsor of a “grassroots lobbying campaign” under state law.

Additionally the campaign sponsor must report the names and addresses of each person contributing $25 or more to the campaign to the Ethics Commission under current state law.

Under SB 508, those reporting thresholds are raised to $5,000 and $1,000, respectively. The $25 threshold would be raised to $1,000.

Bill opponents said the measure would enhance dark money spending, referring to a term used for undisclosed spending to sway voters’ opinions.

SB 508 goes to the governor for signature.

Defining a Minor

House Bill 3190 amends the state’s definition of a minor to include adults who use electronic devices to catch child predators. 

Trump explained that the current legal definition of a minor is so specific, it does not allow law enforcement to arrest predators that have been caught luring or soliciting minors online during stings where officers impersonate minors.

While in committee, an amendment was proposed to the bill that would removed the marital exemption for sexual assault from state code. The amendment failed on the Senate floor because it was not germane to the original bill.

HB 3190 now goes back to the House for concurrence. 

Exit mobile version