BishopAccountability.org

House should reject 'pedophile protection act'

Seacoast Online
January 22, 2017

http://www.seacoastonline.com/news/20170122/house-should-reject-pedophile-protection-act

We are hopeful a New Hampshire House committee will do the right thing and reject a bill that would make it more difficult to prosecute people charged with sex assault.

The legislation calls for a higher level of proof than other crimes for a heinous offense that is already underreported because of the pain it causes victims to come forward and testify. House Bill 106 states "that a victim's testimony in a sexual assault case ... requires corroboration only in cases where the defendant has no prior convictions for sexual assault."

That is outrageous.

No one is in favor of anyone going to jail or having their reputation damaged for a crime they didn't commit. However, this bill offers sexual abuse suspects a special shield from prosecution.

Sgt. Sean Ford of the Concord Police Department testified at the Statehouse on Tuesday and summed it up perfectly: "It's really nothing short of the nation's first pedophile protection act," he said, according to an Associated Press report on the hearing that drew a large crowd to Concord.

State Rep. William Marsh, R-Wolfeboro, is the sponsor of the bill. His argument is people are perceived as guilty as soon as they are accused of the crime and he points to the 2016 aggravated felonious sexual assault conviction of Concord psychologist Foad Afshar, who is serving 3 to 6 years for touching the genitals of a 12-year-old child during an appointment. Marsh argues Afshar was convicted with little evidence other than the victim's word and says the case could mean psychologists and psychiatrists may hesitate to treat children in the future.

Another supporter of the bill, Rep. Jess Edwards, R-Auburn, said he strongly reconsidered whether to volunteer in his community as a Big Brother on the advice of a friend who warned him a child could untruthfully accuse him of abuse and ruin his life. He said he decided to volunteer anyway, but believes the current law makes it risky and other retirees may choose not to serve as mentors and volunteers.

We agree it would be a positive step to find ways to avoid a chilling effect on mental health professionals and community volunteers, or anyone else who is a good person and genuinely wants to help children. But those who share these concerns should address them without putting victims and survivors of assault in an even more difficult position.

Amanda Grady Sexton of the New Hampshire Coalition Against Domestic and Sexual Violence said HB 106 would require someone who is sexually abused to have either DNA evidence or an eyewitness, though even those details aren't spelled out in the poorly written bill. She said most sex assaults happen behind closed doors and many victims shower before reporting the crime, removing DNA evidence.

Additionally, the corroboration requirement only for non-repeat offenders would often be moot. Experts who testified said sexual assault offenders often have multiple victims before they are charged because the crimes aren't reported for years.

Police said the bill could be unconstitutional, too, if corroboration is required for only suspects without a prior conviction, creating a different standard for these suspects.

We hope the House kills this ill-conceived bill in committee. We also hope Marsh will focus his future efforts on best safe practices for people who work with children rather than legislation that would turn sexual assault survivors into second-class crime victims.




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