Sexual Violence Story Archives - West Virginia Public Broadcasting

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.

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.

Meeting W.Va.’s Broadband Needs

On this episode of The Legislature Today, Randy Yohe sits down with Del. Daniel Linville, R-Cabell, and Broadband Consultant Charlie Dennie to broadband connectivity for West Virginians.

On this episode of The Legislature Today, Senate President Craig Blair, R-Berkeley, and other members of the upper chamber held a press conference to discuss the recent pause on new permits for liquefied natural gas exports. Briana Heaney has the story.

In the House, the House Committee on Energy and Manufacturing discussed a bill that would prevent publicly sourced air pollution data from being used in lawsuits and regulatory proceedings.

Also, in the House, a resolution regarding a constitutional amendment over a woman’s reproductive rights is under consideration.

In the Senate, the Senate Education Committee quickly moved along five bills, many of which updated existing educational programs. One bill would add another university to the list of eligible institutions for the Promise Scholarship. Chris Schulz has more.

And, the full Senate approved and sent one bill to the House. It would permit wineries to serve wine without serving food, and it would also permit wine to be served at festivals. The Senate advanced eight other bills. Two of these bills, if passed without amendments, will head to the governor’s desk. Briana Heaney has more.

Advocates from across the state gathered at the state capitol Thursday to bring attention to sexual violence. Emily Rice has the story.

Finally, in meeting the plan to have broadband connectivity for all of West Virginia within five years, there are progress and time markers that must be met to get all the $1.2 billion federal dollars to complete the work. Randy Yohe sits down with Del. Daniel Linville, R-Cabell, and Broadband Consultant Charlie Dennie to talk about meeting those markers.

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.

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.”

Grants Aim To Address Violence Against Women

Gov. Jim Justice on Thursday awarded close to $2 million in state grants to dozens of projects across the state meant to combat violence against women.

The grants primarily focus on improving criminal justice responses to domestic violence, sexual assault, and stalking but also include victim service providers in 19 counties across the state. They provide equipment, training, and technical assistance for the establishment or enhancement of these teams.

The West Virginia Coalition Against Domestic Violence received the most money with more than $350,000 across two grants.

The funds are awarded by the U.S. Department of Justice, Office on Violence Against Women, and are administered by the Justice and Community Services Section of the West Virginia Division of Administrative Services.