The Privilege of Protection Against Criminals

Under current Massachusetts state law it is impossible to get a restraining order against a perpetrator of sexual assault or stalking unless the victim is related to, or has been in a long-term relationship with the perpetrator. In order to change this law, Jane Doe Inc. (The Massachusetts Coalition Against Sexual Assault and Domestic Violence) and others involved with Rape Crisis Centers have been working on a bill in the state congress to change the law to include all victims of sexual abuse and stalking.

There is a need for these legislative changes because there is currently not enough protection in the law for people who have been abused by acquaintances or people that they did not know. According to research done by Joe Doe, people can only receive restraining orders if their perpetrator is
· A spouse or former spouse
· Someone the survivor has lived with
· A family member (by blood or marriage)
· A parent of the survivor’s minor child
· A person with whom the survivor had a substantial dating relationship (over 6 months) (Jane Doe)
This is problematic because of the number of people who are assaulted or stalked by people that have not had this type of relationship with the perpetrator. This means that sixty-six percent of people who have been abused are restricted from obtaining a 209A restraining order (Jane Doe Inc.). When searching the internet in fall 2007 for possible action steps to take after stalking has occurred, the majority of the accessible information was from Criminal Defense Attorneys who make it appear that the likely punishment for a convicted stalker is up to two years in prison and/or a fine. While this may seem to some as an acceptable punishment, for victims of stalking, this action provides little protection. Many stalkers act violently when they are not provoked and to criminally charge them with a crime could potentially lead them to more acts of violence against their victims. If anyone were allowed to get a restraining order against their perpetrator, then at least they would have an enforceable means of keeping distance between themselves and the criminal. This bill will also simplify the process of receiving a restraining order so that the victim would be able to get one without requiring a lawyer. It seems strange that there are restrictions on who can receive protections against violence, but this bill has been circulating around the state house for a number of years.

It is believed by some legislators that changing this law would add extra punishments to crimes that already has a punishment, or that too many people would take advantage of a systems that allows “anyone” to get a restraining order. With this is mind, it is important to remember that only six percent of rapists will ever spend a day in jail (RAINN.org). Violence, specifically against women, is that clearly a policy area that needs reform. While Massachusetts has been experiencing some difficulties passing this bill, many other states have developed methods of protection for the people denied by the law in Massachusetts. Thirty-eight states have civil restraining orders for victims of stalking and harassment and seventeen have civil restraining orders for victims of sexual assault (Jane Doe Inc.). Fortunately, this bill, 1611, had a hearing in the Judiciary Committee on September 17, 2009 and has since been released from said committee with a favorable report and will now move on to be heard and debated by the Senate. The bill is being sponsored by Senator Chandler of Worcester and had many co-sponsors. Before moving out of the Judiciary Committee, the bill was redrafted and renamed “An Act to Prevent Harassment,” though, in essence, is the same bill.

While this bill seems to be moving in a positive direction, there is still much to be done to keep the bill moving though the State House. Some actions that are required are writing and speaking to your state Senators who will be voting on this bill next. This may seem like a fairly straightforward bill, but many legislators have concerns, which can be addressed by us, the constituents who understand the problem. It is important to remind our legislators of the importance of this bill, which will not require money from them and is necessary especially when they may be cutting funding to crisis centers that could be assets for survivors. If these assets are being cut, then something must be done to protect victims. It is also important to gather stories to share with the legislators; if you do not feel safe telling your own story but want it to be told, you can submit it as a testimony to be read by someone else. You can find more information at www.janedoe.org.


Sources:
http://massdrivinglaw.typepad.com/massachusetts_criminal_de/stalking/
http://www.janedoe.org/involved/involved_policy_legislative_SSARO_2009.htm
Interview with Rep. Daniel Webster’s aide
www.rainn.org