Proposed Change in Sexual Assault Statute Called "Pedophile Protection Act"
By David Solomon
A proposal to change state law regarding evidence in sexual assault cases amounts to “nothing more than a pedophile protection act and rapist shield law,” according to Concord Police Detective Sean Ford. But the sponsor of House Bill 106, Rep. William Marsh, R-Wolfeboro, says no one should be charged, let alone convicted, solely on the basis of an alleged victim’s testimony with no other corroboration. The two men took turns at the witness table on Tuesday, as the House Criminal Justice and Public Safety Committee heard nearly four hours of testimony on a bill that would require the allegations of victims to be corroborated by other evidence in sexual assault cases where the defendant has no prior conviction. Marsh, a board certified ophthalmologist, said he was moved to sponsor the bill after Bow psychologist Foad Afshar was convicted last year of sexually assaulting a 12-year-old male patient in 2015 solely on the patient’s testimony. The hearing room was packed with opponents of the bill, many mobilized by the N.H. Coalition Against Domestic and Sexual Violence, wearing pink stickers that read, “I believe victims. Oppose HB 106.” Supporters of the change, many of them friends or acquaintances of Afshar, were also well-represented, wearing tags that read, “Justice for Fohad.” Opponents said the bill, if passed into law, would have a chilling effect on the victims of sexual abuse and make them even more reluctant to come forward. Supporters argued the change was needed to prevent prosecution of the innocent brought about by faulty memory, vindictive acts or other motives. The bill’s defenders also said the change is needed to address a fear of prosecution that is making it difficult to recruit volunteers for youth activities or social programs. “Three psychologists and two physicians have told me this case (of Dr. Afshar) has made them afraid to treat the children most in need of treatment — the victims of childhood sexual abuse that we should protect,” said Marsh. “This is the smallest change we can make to the system so that psychologists and doctors who fear being falsely accused can obtain the protections they need to do their jobs.” State Rep. Jess Edwards, R-Auburn, testified that at one time he was considering becoming a volunteer for Big Brothers Big Sisters, but was advised against it. “A friend trained in clinical psychology advised me that under no circumstances should I become a Big Brother because a mere accusation would destroy me,” he said. Concord resident Pat Wallace took aim at the opponents of the legislation. “I simply ask that all of you look around this room and notice the number of people wearing little pink tags,” she said to the committee. “Then I would ask if you honestly believe that these people would recuse themselves if they were asked to serve on a jury in a rape case.” Those speaking in opposition, in addition to victims, included chiefs of police, a former federal prosecutor, representatives from the Department of Safety and former Republican state Sen. David Boutin. Former Assistant U.S. District Attorney David A. Vicinanzo alluded to the Afshar case. “Hard cases make bad law,” he said. “The collateral, unintended consequences of this bill would be significant.” He urged lawmakers to have faith in jurors who must be convinced unanimously beyond a reasonable doubt. “That is the primary protection that our Constitution and Founding Fathers have put in place to ensure against wrongful convictions,” he said. Chief Andrew Lavoie of the Nashua Police Department sounded a similar note: “The long-standing practice has been letting a judge and jury determine a victim’s credibility, with all due respect, not the Legislature,” he said. “This is a tremendous overreach, and will have a tremendously chilling effect on what is already one of the most under-reported crimes.” Boutin, wearing an “I believe the victims” tag, said the Legislature had made significant progress in protecting the victims of sexual assault, particularly children, and called the bill a step backwards. “I have learned that changing a statute to address a single incident, which is where this bill comes from, needs to be avoided at all costs because it does serve the few, but may have irreversible harm to many.” Contact: dsolomon@unionleader.com
|
.
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.