Sexual violence, abuse law reformed

Kansas joined more than 30 other states by closing a public-safety loophole Saturday with implementation of a law allowing judges to issue protection orders to survivors of sexual assault.

The 2017 Legislature and Gov. Sam Brownback agreed to add sexual assault to the legal definition of abuse and more clearly identify the crime for purposes of obtaining protection orders. As of July 1, sexual assault will be viewed in Kansas as any sexual contact or attempted sexual contact with another person without consent or when that person was incapable of giving consent.

"We are really excited this Legislature has picked up these issues as being critical safety issues for victims and survivors," said Joyce Grover, executive director of the Kansas Coalition Against Sexual and Domestic Violence. "They will provide safety all over the state for years to come."

The Senate unanimously approved a conglomeration of domestic violence and sexual assault legislation bundled into Senate Bill 101 and Senate Bill 112. The House passed both with dissent tied to procedural concerns or sections related to penalties for crimes against law enforcement officers.

Under Senate Bill 112, the definition of domestic abuse was affixed to patterns of behavior or threats used to gain control or dominate as well as any act of domestic violence, sexual assault or stalking. The legislation requires the judicial branch to consider current or prior protective orders when sentencing someone for domestic battery.

The bill created the crime of aggravated domestic battery in instances of strangulation of an intimate partner, such as a family or household member or a person involved in a dating relationship.

The contents of Senate Bill 101 permit sexual assault victims to request financial assistance from the state's Crime Victims Compensation Board for mental health counseling within two years of being notified that testing identified the DNA profile of a suspect or the suspect's identity was discovered.

Previously, the statute of limitations in Kansas stalled victim compensation claims filed more than two years after date of an alleged crime.

Attorney General Derek Schmidt praised the victim compensation reform and designation of domestic assaults in which the attacker strangled the victim as an aggravated battery rather than a simple battery.

"These two measures are important new tools in our ongoing efforts to counter domestic violence and support victims of sexual assault," Schmidt said. "I'm grateful for the support these proposals received this year, and I commend all of their supporters for their determined perseverance that has made these changes a reality."

In addition, Kansas lawmakers created exemptions to parental notification mandates in instances of the sexual assault of a minor. The statute provides a layer of protection to minors who may have been assaulted by a parent or guardian.

Nine Democrats in the House and Senate objected to the component in Senate Bill 112 enabling judges to impose more severe penalties for felonies against law enforcement officers.

"It establishes special protections for law enforcement officers and gives them preferential treatment that is not enjoyed by other citizens who are victimized because of their status," said Rep. Gail Finney, D-Wichita.

Sen. David Haley, D-Kansas City, said heightened sentencing for crimes against law enforcement officers would be the standard despite lack of comparable sanction for crimes targeting LGBT people, Jews, Muslims and other populations.

"Yes, blue lives matter," Haley said. "GLBT lives matter. Jewish, Muslim and Christian lives matter. And, besides the 'sheddable' blue skins of law enforcement officers, white- and black- and brown- and yellow- and red-skinned lives matter, too."

Haley and Finney also said Senate Bill 112 inappropriately bundled 10 distinct measures into a single bill designed to compel legislators to vote for provisions they otherwise would not endorse.