Unprecedented year for victims of domestic and sexual violence - Record number of sexual assault bills to head to the Governor’s desk

June 30, 2020
For immediate release
Contact: Amanda Grady Sexton, [email protected], (603) 548-9377
 
A number of bills that will improve the lives of survivors of domestic and sexual violence have passed through both the New Hampshire Senate and the House of Representatives. The Coalition is thankful for the efforts of the NH Legislature to pass critical legislation that prioritizes the needs of survivors, especially in light of the devastating effects that COVID-19 is having on victims of abuse across the state. The following bills will now head to Governor Sununu’s desk.
 
HB 705: An omnibus bill with multiple provisions relative to sexual assault, sexual misconduct in institutions of higher education, and the rights of victims of crime.
HB 1645: An omnibus bill which includes a provision that would amend the waiting period for violent offenders to petition for annulment of a misdemeanor domestic violence offense.
HB1558: An omnibus bill with a provision relative to child sexual abuse prevention education and training.
HB1240: An omnibus bill that closes the so-called “Howie Leung loophole by ensuring that any adult in a position of authority in the state of NH is legally prohibited from violating New Hampshire’s youth. This bill would also create a stable funding source for domestic violence prevention and intervention efforts.  
 
“These bills are a remarkable victory for survivors and for everyone concerned about the safety of citizens in this state,” said Amanda Grady Sexton, Director of Public Affairs for the Coalition. “These new protections will ensure that New Hampshire remains a leader in sexual assault prevention and in our response to domestic violence and abuse. We are so grateful to the incredible amount of advocacy from survivors and allies who reached out to their legislators and made their voices heard during this session.”
 
HB 705 relative to sexual assault, sexual misconduct in institutions of higher education, and the rights of victims of crime. HB 705:

• Updates the statutory rights of crime victims in New Hampshire. It provides statutory rights to the victims of a misdemeanor sexual assault, and establishes a committee to study the needs of crime victims. 

• Removes exceptions that allows married couples to sexually assault their spouse. Under the current statute, minors and individuals with disabilities who are married do not have the same protections under the law as someone who is single or in a dating relationship. Marriage should not give anyone an excuse to sexually assault their partner.

• Prohibits the sale of so called "Do It Yourself" rape test kits in New Hampshire. DIY rape test kits are misleading and do not protect the health or rights of survivors of assault. Prohibiting these kits ensures that New Hampshire remains aligned with the best practices in the field. Victims of sexual assault in New Hampshire have the ability to seek professional medical attention and accurate evidence collection free of charge. It is unconscionable that companies are taking advantage of this national emergency to create barriers to critical medical care by promoting incorrect, misleading, and potentially harmful information. New Hampshire victims of crime shouldn't be harmed by misleading marketing tactics that only benefit for-profit corporations.

• Eliminates civil statutes of limitations in sexual assault cases. Current law states that survivors of child sexual assault have until the age of 30 to bring forth a civil claim, while adult survivors of sexual abuse only have three years. The passage of HB705 would repeal these arbitrary civil timelines, ensuring those that are abused have the right to try to prove they were harmed by the act of an abuser at any point in time.

• Creates laws to address sexual assaults on campus.  1 in 5 college students is a victim of sexual violence, and this bill strengthens support and resources for survivors of campus-based sexual assault by offering confidential advising services to victims; preventing victims from being punished for reporting a case of sexual violence; collecting accurate data about sexual violence prevalence on college campuses; and increasing evidence-based training on prevention and response for students and staff.

 ​
HB1645, relative to superior court judgments; adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services and the release of a defendant pending trial; prison privatization; misdemeanor domestic violence offenses; immunity from arrest or prosecution for certain alcoholic beverage violations; police officers reporting misconduct; criminal mischief; screening for all law enforcement officers for psychological stability prior to assuming their duties as certified officers; and prohibiting the use of chokeholds by law enforcement officers.

• This bill includes a provision that would extend the waiting period for violent offenders to petition for annulment of a misdemeanor domestic violence offense. Current law allows annulment after just 3 years, and this bill extends the waiting period to 10 years.  It is important that New Hampshire stops allowing convicted perpetrators to quickly erase their criminal histories, as those histories are indicative of a pattern of abuse and enhanced lethality risk for victims, their children, and the public at large. Domestic violence already accounts for 53% of homicides and 80% of the murder-suicides in our state. Victims of abuse cannot simply erase the impact of these crimes that were perpetrated against them.

HB1558, relative to discipline of students, addressing students' behavioral needs, and making an appropriation therefor; kindergarten funding; violence in schools; policies for students with head injuries; child sexual abuse prevention education and training; authorizing the issuance of bonds or notes by a municipality; adding the chancellor of the university system of New Hampshire to the department of business and economic affairs council of partner agencies; change of school or assignment due to manifest educational hardship; school board expenditure of year-end fund balances; a children's system of care; student wellness; and criminal background checks for bus drivers.

• This bill would increase a school’s ability to respond to child sexual abuse through providing informational materials, training, and other education that would increase school employees’ understanding and awareness of child sexual abuse, and ensure that schools and their employees are more equipped to identify abuse, and work to prevent it before it even happens.

HB1240, relative to the grounds for sexual assault and related offenses, establishing a special marriage officiant license, modifying requirements for renewal of pharmacy licenses, and relative to occupational licensure and the office of professional licensure and certification 

• The passage of HB1240 closes loopholes within New Hampshire’s sexual assault laws. This comprehensive legislation ensures that any adult in a position of authority in the state of New Hampshire, including teachers, guidance counselors, coaches, volunteer chaperones and contractual bus drivers are prohibited from having sexual contact with the youth charged with their care. 
• This bill also ensures that all students in a primary or secondary educational setting are protected, even if they have turned 18, which is especially important for students with disabilities who may be in school longer.
• This bill removes an outdated notion that a prosecutor must prove coercion to show that an adult in a position of authority sexually abused a child. The abuse of a position of authority is inherently coercive. Most adults who sexually abuse children don’t use physical threats or coercion, but rather use shame and emotional pressure to both abuse and silence minors. Howie Leung didn’t use the element of coercion. Instead, he groomed students and campers by giving them extra attention, flattery, special privileges, and gifts.
• This bill also creates a Special Marriage Officiant License. The majority of the fee for this license, estimated to be $80,000, would be deposited into the Domestic Violence Prevention Program and would be a guaranteed source of income for the 13 Crisis Centers across the state. This additional funding stream would help ensure that all victims in New Hampshire receive critical, life-saving services when they need it, and would help prevent victims from being turned away from services due to lack of capacity.

If you or a loved one are experiencing violence or abuse you are not alone and there is help. Advocates are available to provide support, information and create a plan for safety. Services are free and confidential and available 24 hours a day, 7 days a week. To learn more visit nhcadsv.org. 

CONFIDENTIAL STATEWIDE HOTLINES
24-hour Domestic Violence Hotline:
1-866-644-3574
24-hour Sexual Assault Hotline:
1-800-277-5570
​
About the Coalition:
NHCADSV is a statewide network of 13 independent member programs committed to ending sexual violence, domestic violence, and stalking, through direct services to victims, community education, and public policy advocacy. The NHCADSV and its 13 member programs do not discriminate based on gender, age, health status (including HIV-positive), physical, mental, or emotional ability, sexual orientation, gender identity/expression, socio-economic status, race, national origin, immigration status, or religious or political affiliation. For more information visit www.nhcadsv.org.