Governor Kaine Announces 2008 Legislative Initiatives on Domestic and Sexual Violence

Press Release

Governor Kaine Announces 2008 Legislative Initiatives on Domestic and Sexual Violence
- Package includes proposals to bring Virginia into conformity with the federal Violence Against Women Act of 2005 -

Governor Timothy M. Kaine today announced sexual and domestic violence prevention and response proposals he will submit for consideration by the 2008 General Assembly. The legislative package includes proposals to fund community-based sexual and domestic violence prevention programs and measures to bring the Commonwealth in compliance with the federal Violence Against Women Act of 2005. The budget and legislative proposals are based on recommendations from the Governor's Commission on Sexual Violence.

Standing with members of the Commission and advocates from the Virginia Sexual and Domestic Violence Action Alliance, the Governor noted that the measures were overdue.

"While Virginia has made progress in the management of sexually violent offenders, we have fallen behind in our efforts to address the needs of victims," said Governor Kaine. "The physical and emotional trauma suffered by victims of sexual violence, often compounded by silence and stigma surrounding the crime, calls for special attention in our response and prevention efforts. These measures will help us move towards prevention and response efforts that put victims first."
Reimbursement for Physical Evidence Recovery Kits (PERK)

Following an incident of sexual violence, victims reporting the crime are often given a forensic medical exam, in part to collect evidence that may be used in a subsequent prosecution. These examinations can cost as much as $800. Current Virginia law requires the local Commonwealth's Attorney to approve reimbursement for the examination, dependent upon the agreement of the victim to prosecute within 48 hours after the exam.

The federal Violence Against Women Act of 2005 sets forth a requirement that no state "shall require a victim of sexual violence to participate in the criminal justice system or cooperate with law enforcement in order to be provided a forensic medical exam or to be reimbursed for charges incurred on account of such an exam." States have until January 5, 2009 to comply with this requirement. Failure to comply will result in the loss of $2.5 million in federal funds.

The Governor's proposal would amend §19.2-16.1 of the Code of Virginia to remove the requirement that victims must agree to participate in the criminal justice process in order to have their PERK paid for by the Commonwealth of Virginia.

"The Code is not sufficiently clear about when forensic exams are conducted and under what circumstances costs will be paid by the Commonwealth," Governor Kaine said. "As a result, victims may suffer unnecessary additional trauma and some victims may go without necessary medical care. Additionally, valuable evidence may be lost. This change will make the process more sensitive to a victim's needs immediately following victimization and will help ensure that victims receive proper medical care."
Polygraph Testing

The Violence Against Women Act of 2005 also prohibits law enforcement officers from asking or requiring a victim of an alleged sex offense to submit to a polygraph examination as a condition for proceeding with the investigation of such an offense. Virginia has three years to comply with this requirement. If Virginia does not comply, the state will lose approximately $2.5 million in federal funds, and the state and several localities may lose $2 million in federal Grant to Encourage Arrest Policies.

In 2004, the Department of Criminal Justice Services conducted a survey of sexual Assault policies of law enforcement agencies. A little over 72% of respondents indicated that they sometimes performed polygraph exams on victims of sexual assault. Only 14.6% indicated that they never asked a victim to submit to a polygraph exam.

The Governor's proposed legislation would prohibit law enforcement officers, prosecutors, or other government officials from asking or requiring a victim of an alleged sex offense to submit to a polygraph examination, limiting the use of polygraph tests to those victims who specifically request them.
Marriage as a Subsequent Defense

The Code of Virginia § 18.2-66 allows that a perpetrator may offer subsequent marriage to his victim as a defense to carnal knowledge of a 14-to-16-year-old female victim. Governor Kaine's proposed legislation would repeal this section of the code.
Increased Funding for Sexual Assault Crisis Centers

Governor Kaine's budget recommends increased funding for the provision of core and comprehensive services to victims of sexual violence, through community-based sexual assault crisis centers. Crisis centers are the only victim assistance programs that provide around the clock services to all victims of sexual violence, in addition to conducting community outreach, coordinating Sexual Assault Response Teams (SART), and managing volunteer programs. The Governor's budget increases funding for the centers by $450,000 in each year of the biennium.
Domestic and Sexual Violence Prevention

Governor Kaine's budget recommends funding to support the Domestic Violence Prevention Enhancement and Leadership Through Alliances (DELTA) Project. The program seeks to reduce the number of new cases of domestic violence in seven locally funded communities. Virginia is one of 14 states selected to implement the project through the Centers for Disease Control and Prevention. The project is in its fifth year and brings together diverse members of local communities to plan, implement, and evaluate projects designed to prevent domestic violence before it starts. The Governor's budget provides $288,000 in each year of the biennium for the project.
Protective Orders

Governor Kaine proposes amending §16.1-253.1 of the Code of Virginia to require court personnel to immediately enter protective orders in civil abuse cases into the Virginia State Police's Virginia Crime Information Network (VCIN) using the Supreme Court of Virginia's eMagistrate System, which automatically transfers the information. This will automatically transfer protective order information.

Currently, there is an added step where court staff prepares the protective order papers and sends the information to the local law enforcement agency to enter the information into the database. This delay in processing protective orders prohibits law enforcement from enforcing the issued protective order until it has been fully processed and threatens the safety of victims. In some instances, protective orders are not being entered into VCIN for an average of three and a half days after the protective order has been issued. This change will further protect victims and ensure that law enforcement officers have access to up-to-date information in the field.

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