HB1384 is a big help for sexual assault victims

There is a bill currently in the Legislature that would change the duration and some of the procedures when it comes to sexual assault protection orders issued in Washington state.

House Bill 1384 would allow courts to issue permanent protection orders for victims of sexual assault. In cases where a permanent protection order is not issued, the bill allows courts to renew the order unless the perpetrator can prove they will not attempt to contact the victim after the order expires.

The third part of the bill establishes criteria for an assailant to petition to modify or terminate the terms of the order.

According to the Revised Code of Washington, an individual may petition for a sexual assault protection order if he or she has been subjected to one or more incidents of nonconsensual sexual conduct or nonconsensual sexual penetration.

These protection orders are similar to a domestic violence protection order in that they allow victims to prevent their assailants from contacting them and keeping them at a safe distance from their home, workplace and other locations. However, a victim has to be in an intimate relationship with the assailant — be it spouse, boyfriend or girlfriend — in order to petition for a domestic violence protection order. Sexual assault protection orders apply to victims who were attacked by an acquaintance or a complete stranger.

The current duration for a sexual assault protection order is a maximum of two years. If victims want to renew the order, they need to repetition for it, appear in court and present their case.

Proponents of the bill, including the King County Sexual Assault Resource Center, argue that the two-year duration is an inadequate amount of time for the protection order because the fear of harm may remain after the order expires. Appearing in court and be in the same room as their attacker can be traumatizing for victims, especially since they have to share the details of the incident in front of the judge.

We think this bill is a good move on the part of the Legislature. It provides courts with more legal power to provide sexual assault victims with the same protection as victims of domestic violence, stalking and harassment.

This bill also makes it difficult for a perpetrator to petition modifications or the termination of a protection order.

Assailants who hope to terminate the order from their record are going to have to prove that they will no longer be a threat to the victim after the order expires. This includes proving they have moved away from the victim, completing a sexual assault perpetrator treatment course or have undergone counseling since the order was entered.

We recognize that there are instances where assailants want to move on from their past mistakes and this bill gives them a mechanism to do it — they just have to put in the effort to prove that they have moved on with their life.

Hopefully this bill will lead to more efforts from the state level to provide sexual assault victims with more protection.