Thursday, January 03, 2008
Kaine vies to refine sex-crime response
The governor proposed measures that address sexual and domestic violence and the victims.
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roanoke.com/politics
RICHMOND -- Victims of sexual violence would not be forced to submit to lie detector tests and could be reimbursed for forensic exams without cooperating with law enforcement under proposals advanced Wednesday by Gov. Tim Kaine.
Kaine announced a series of measures aimed at preventing sexual and domestic violence and improving the state's response to such crimes, acting on recommendations made last year by a commission he appointed to study the issue. Kaine said two of the measures are needed to comply with the federal Violence Against Women Act of 2005 and to keep the state and several localities eligible for up to $7 million in federal funds.
Other proposals are aimed at improving the process for recording protective orders, increasing funding for a domestic violence prevention program, and repealing a state law that makes subsequent marriage a defense for someone charged with carnal knowledge of a female victim between 14 and 16 years old.
All of the measures will require approval by the General Assembly, which begins its 60-day session next week. Kaine said he expects his proposals to win widespread support.
"I don't suspect there will be any significant controversy over any of these items," Kaine said following a news conference attended by legislators, victim advocates and members of the governor's commission on sexual violence.
The commission included legislators from both parties.
Kaine's proposals include providing state reimbursements for forensic exams of sexual violence victims, regardless of whether the victims agree to participate in the prosecution of a case. Under existing state law, the reimbursements could hinge on whether or not a victim decides within 48 hours of an attack to cooperate with authorities. The tests can cost up to $800.
Kaine said the change is needed to clarify state law and comply with the 2005 federal act. Without the change, the state could lose $2.5 million in federal funds by January 2009.
Kaine said sexual assault victims should be able to focus on their health and "shouldn't be forced into a posture where they're having to make decisions about criminal prosecution within 48 hours of the time they were assaulted."
Kaine also called for legislation prohibiting authorities from requiring sexual assault victims to submit to polygraph exams as a condition for investigating complaints. The change, which has the support of police and victim advocates, would meet a requirement of federal law and preserve about $4.5 million in federal funds to the state and localities, Kaine said.
"This will help prevent the victim from being revictimized as a result of the investigative process," said Lt. Col. Robert Northern, the deputy superintendent of the Virginia State Police. "That's the most important thing about this piece of legislation."
Victim advocates welcomed Kaine's proposals to increase funding for sexual assault crisis centers and to spend $288,000 for each of the next two years to help pay for seven community-based programs aimed at reducing cases of domestic and sexual violence.
"Prevention initiatives are a critical component of victim services," said Kristine Hall, sexual violence advocacy manager for the Virginia Sexual and Domestic Violence Action Alliance.
