PFA's for Sexual Assault Victims Might Be a Possibility

As we posted about before, in Pennsylvania, not everyone who is abused can get a PFA.  Currently, they are offered only to people who have suffered abuse at the hands of someone they dated or are related to by blood or marriage.  Unfortunately, people who have been assaulted, even sexually assaulted, by a stranger or acquaintance, cannot obtain a restraining order (PFA) in Pennsylvania. 

In the last session of the PA Legislature, a bill was introduced to protect victims of sexual assault from their assailants.  It would have given them the right to file for a PFA and receive protection under a civil law.  At that time, the bill stalled in the Judiciary Committee and was not passed before the conclusion of the session.  Another bill, PA Senate 681, was introduced and will be considered when the next session begins on June 3, 2013.

This bill allows for victims of sexual assault to ask the court to order the assailant not to contact the victim and specifically, not to stalk or harass the victim.  PCAR believes, and Transitions would agree, that this remedy would be very useful for college students.  Sometimes the victim and the perpetrator live in the same dorm and the college does not feel they can move either party without a court order.  This would allow victims to take some power back and to feel safer.

Having the option to file a restraining order (PFA), even if criminal charges are not pressed, is an important choice for victims to have.  PFA’s can offer people peace of mind and a sense that someone believes them.  That being said, we have some concerns.

When a victim of domestic violence files a PFA now, they are expected to provide the Sheriff’s Department with information about how to locate the Defendant.  If the rapist is an acquaintance, how can we expect a victim to know his address or phone number?

Some victims do not want to participate in any court action if it means they will have to see their assailant.  What can or will the courts do to minimize re-victimization in the court room?

What happens when a Defendant asks to have a full hearing and the hearing officer or judge rules a PFA is appropriate?  Sexual offenders who are convicted in criminal court are required to register.  What about these offenders?  Are there any ramifications besides being ordered to stay away from their victim?  The proposed bill states “Sexual violence is the most heinous crime against a person other than murder.  Sexual violence inflicts humiliation, degradation and terror on the victim.” If lawmakers believe sexual violence is this severe, why are perpetrators not punished more severely?  Although I understand that the bill is addressing only civil protection orders, these orders will present an opportunity for the court system to interact with victims in a positive way.  Perhaps this could open the door for assailants to be criminally charged.  However, this argument can be used by Defendants as a reason to deny all allegations and contest the PFA, instead of agreeing to it, which would alleviate the need for testimony. 

 

Also, the current PFA Act does not address a specific distance away the Defendant needs to be from the Plaintiff.  This can lead to a lot of confusion on the part of Defendants, Plaintiffs, and law enforcement.  This proposed bill could present an opportunity for a more specific definition of “no contact” so that all parties are clear.

 

We truly hope that the Pennsylvania Coalition Against Rape continues to advocate for this legislation and to include practical measures that ensure victims receive the respect and dignity they deserve when participating in the judicial court system.