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From: Veronica Butcher <veronica@nccasa.org>
Date: Fri, 25 Apr 2003 16:06:48 -0400
Hello everyone:
H 951 Create Civil No-Contact Protective
Orders is being heard Monday around 4:00 in the House Judiciary Committee I.
Committee members are as follows:
Rep. Hackney-Orange Co. 919-733-5752 Joeh@ncleg.net
<mailto:Joeh@ncleg.net>
Rep. Ross- Wake Co 919-733-5773 Deborahr@ncleg.net
<mailto:Deborahr@ncleg.net>
Rep. Alexander-Mecklenburg Co.919-733-5807 Marthaa@ncleg.net
<mailto:Marthaa@ncleg.net>
Rep. Capps-Waken Co.919-715-2526 Russellc@ncleg.net
<mailto:Russellc@ncleg.net>
Rep. Clary- Cleveland Co. & Gaston Co. 919-733-5654
Debbiec@ncleg.net <mailto:Debbiec@ncleg.net>
Rep. Daughtry-Johnston Co. 919-733-5868 Leod@ncleg.net
<mailto:Leod@ncleg.net>
Rep. Harrell-Alleghany Co. & Surry Co. 919-715-3003
Jimha@ncleg.net <mailto:Jimha@ncleg.net>
Rep. Insko-Orange Co. 919-733-7208 Verlai@ncleg.net
<mailto:Verlai@ncleg.net>
Rep. Miller-Durham Co. 919-733-5872 paulmi@ncleg.net
<mailto:paulmi@ncleg.net>
Rep. Sexton- Forsyth Co. & Rockingham Co. 919-733-5974
Waynes@ncleg.net <mailto:Waynes@ncleg.net>
Rep. West- Cherokee Co., Clay Co., Graham Co. & Macon Co.
919-733-5859 Rogerw@ncleg.net <mailto:Rogerw@ncleg.net>
Rep. Wood-Guilford Co. 919-733-5749 Stevewo@ncleg.net
<mailto:Stevewo@ncleg.net>
Talking Points:
- Currently many sexual assault victims' only protection
from a rapist's ongoing stalking/harassment is to report it to law enforcement
and wait for the District Attorney to hopefully prosecute the case.
- Most sexual assaults are committed by persons already known
to the victim, including 18% by an intimate or other relative and 48% by a friend
or acquaintance. Under North Carolina's current statutes the 48% of victims
who were raped or sexually assaulted by a friend or acquaintance would be ineligible
for an order of protection against their attacker because the victim-perpetrator
relationship does not qualify as a "domestic relationship".
- A recent research report published in the Journal of the
American Medical Association found that 80% of victims who obtained a permanent
protection order were less likely to be assaulted again. Many states have broader
protective order coverage, and nationally states are moving towards establishing
separate orders of protection for victims of sexual violence.
For bill text go to: http://www.ncga.state.nc.us/gascripts/BillLookUp/BillLookUp.pl?Session=2003&BillID=H951
FOR A LONGER NARRATIVE EXPLANATION SCROLL
TO THE BOTTOM OF THIS MESSAGE.
Let these legislators know how important this bill is, feel
free to contact me if you have any questions or concerns. Thank you for
your time.
Veronica Butcher
Education Coordinator
North Carolina Coalition Against Sexual Assault
4426 Louisburg Rd., Suite 100
Raleigh, NC 27616
Phone: 919.431.0995
Fax: 919.431.0996
www.nccasa.org
Currently, North Carolina's primary protective order statute,
NC GS 50B, provides protection only to victims alleging domestic violence who
have a "personal relationship" with the offender. This bill would expand
protection to an important and large group of persons in need of such protection,
specifically victims of sexual assault, whose attacker may be a fellow student,
co-worker or family friend. At present, these victims have no legal recourse when
an offender continues to follow them, approach them, send threatening mail or
e-mail, enroll in their classes, show up at their place of work or contact their
children, family and friends. Currently a victim's only option is to report the
stalking/harassment after the fact to law enforcement and wait for the District
Attorney to decide to prosecute the case.
Under section 50B, "personal relationship" is
limited to the following persons: those who are current or former spouses; persons
of opposite sex who live together or have lived together; related as parents and
children; have a child in common; current or former household members; persons
of the opposite sex who are in a dating relationship or have been in a dating
relationship. "A dating relationship is one wherein the parties are romantically
involved over time and on a continuous basis during the course of the relationship.
A casual acquaintance or ordinary fraternization between persons in a business
or social context is not a dating relationship." According to the National
Crime Victimization Survey, most sexual assault is committed by persons already
known to the victim, including 18% by an intimate or other relative and 48% by
a friend or acquaintance (Crime Victimization 2001
Changes 200-01 with Trends 1993-2001. (2002) Bureau
of Justice Statistics National Crime Victimization Survey, Office of Justice programs,
U.S. Department of Justice, p. 8). Under North Carolina's current statutes the
48% of victims who were raped or sexually assaulted by a friend or acquaintance
would be ineligible for an order of protection against their attacker.
A recent research report published in the Journal of the
American Medical Association found that 80% of victims who obtained a permanent
protection order were less likely to be assaulted again (see Holt, Victoria L.,
Mary A. Kernic, Thomas Lumley, Marsha E. Wolf, and Frederick P. Rivara. (2002)
"Civil Protection Orders and Risk of Subsequent Police-Reported Violence,"
Journal of the American Medical Association
288(5)). Many states have broader protective order coverage, and nationally states
are moving towards establishing separate orders of protection for victims of sexual
violence (see Walker, Shannon. (2002)
Survivors of Sexual Assault and Their Use of Protection Orders.
Washington Coalition of Sexual Assault Programs). Recently, Indiana expanded the
Workplace Violence Restraining Orders to persons in situations other than a domestic
relationship.
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