American Bar Association

109A 1 AMERICAN BAR ASSOCIATION 2 3 COMMISSION ON DOMESTIC & SEXUAL VIOLENCE 4 COMMISSION ON YOUTH AT RISK 5 6 REPORT TO THE HOUSE OF DELEGATES 7 8 RESOLUTION 9 10

11 RESOLVED, That the American Bar Association urges federal, state, local, territorial, 12 and tribal governments to enact civil protection order statutes that extend protection to 13 minor and adult victims of sexual assault, rape, and stalking, outside of the context of an 14 intimate partner relationship, and without the requirement of any relationship between 15 the parties. 109A

16 REPORT 17 18 INTRODUCTION 19 20 Sexual assault and rape are endemic throughout the United States. Nearly 1 in 5 21 women aged 18 and older report having been raped in their lifetime (18.3%), with 22 almost half of all women having experienced some other form of sexual violence in their 23 lifetime (44.6%).1 Despite increased public awareness and discussion about sexual 24 violence, however, prevalence rates have remained largely unchanged since the 1980s, 25 when the first studies indicated that more than a quarter of college-aged women had 26 experienced rape.2 While the lifetime prevalence of rape among men is relatively low 27 (1.4%), nearly a quarter (22.2%) of men aged 18 and older report experiencing some 28 form of sexual violence over the course of their lifetime.3 29 30 Disaggregation of sexual assault and rape prevalence data by race/ethnicity and sexual 31 orientation only underscores the gravity of the epidemic. American Indian and Alaska 32 Native women experience rape at one and a half to two times the national average, and 33 women who identify as “multiracial” experience both rape and sexual assault at rates 34 higher than the national average (33.5% compared to 18.3% and 58.0% compared to 35 44.6%, respectively).4 This translates to approximately 1 in 3 Native American and 1 in 36 2 “multiracial” women experiencing assault in their lifetimes, compared to a rate of 1 in 5 37 among non-Native women.5 38 39 While the prevalence of rape and sexual violence among lesbian women does not differ 40 significantly from heterosexual women, bisexual women report rape (46.1%) and sexual 41 violence (74.9%) at rates significantly higher than that experienced by either 42 heterosexual (17.4% and 43.3%, respectively) or lesbian (13.1% and 46.4%,

1 1 Black, M., Basile, K., Breiding, M., Smith, S., Walters, M., Merrick, M., Chen, J., & Stevens, M. The 2 National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report. National Center 3 for Injury Prevention and Control, Centers for Disease Control and Prevention (2011), available at: 4 http://www.cdc.gov/violenceprevention/pdf/nisvs_report2010-a.pdf, accessed on February 28, 2013. 5 2 Koss, M.P., Gidycz, C.A., & Wisiewshi, N. “The Scope of Rape: Incidence and Prevalence of Sexual 6 Aggression and Victimization in a National Sample of Higher Education Students.” Journal of Consulting 7 and Clinical Psychology 55(2): 162-170 (1987). 8 3 Black, M., et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary 9 Report. 10 4 Tjaden, P. & Thoennes, N. Full Report of the Prevalence, Incidence and Consequences of Violence 11 Against Women. U.S. Department of Justice, Office of Justice Programs, National Institute of Justice and 12 the Centers for Disease Control and Prevention (2000), available at: 13 https://www.ncjrs.gov/pdffiles1/nij/183781.pdf, accessed on February 28, 2013; Black, M., et al., The 14 National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report; Department of 15 Justice, Bureau of Justice Statistics, A BJS Statistical Profile, 1992-2002: American Indians and Crime, 16 NCJ 203097 (2004) , available at: http://www.justice.gov/otj/pdf/american_indians_and_crime.pdf, 17 accessed on February 28, 2013. 18 5 Tjaden, P. & Thoennes, N. Full Report of the Prevalence, Incidence and Consequences of Violence 19 Against Women. See also Amnesty International USA. Maze of Injustice: The failure to protect 20 Indigenous women from sexual violence (2007), available at: 21 http://www.amnestyusa.org/pdfs/mazeofinjustice.pdf, accessed on February 28, 2013. 2 109A

43 respectively) women.6 The Centers for Disease Control and Prevention similarly found 44 that the prevalence of general sexual violence among gay and bisexual men is nearly 45 twice that of heterosexual men (40.2% and 47.4%, respectively, compared to 20.8%).7 46 47 Similarly, high rates of stalking experienced by women and men in the United States 48 remain an issue of public health concern. The Centers for Disease Control and 49 Prevention report that 1 in 6 women and 1 in 19 men in the U.S. have experienced 50 some type of stalking behavior over their lifetime, causing them to fear for their safety or 51 the safety of someone close to them.8 The prevalence of stalking among different racial 52 or ethnic groups varied slightly, as 1 in 5 Black Non-Hispanic women, 1 in 7 Hispanic 53 women, 1 in 3 multiracial women, and 1 in 4 American Indian or Alaskan Native report 54 having experienced stalking at some point over their lifetime.9 55 56 Importantly, research indicates that the perpetrators of both sexual violence and stalking 57 are generally known to – but not intimate partners with – their victims. While more than 58 half of female victims of rape report that at least one perpetrator was a current or former 59 intimate partner (51.1%), nearly 80% of female rape victims report that they were 60 assaulted by a non-intimate partner (40.8 percent of women report being raped by an 61 acquaintance, 12.5% by a family member, 2.5% by a person in a position of authority 62 and 13.8% by a stranger).10 Similarly, the overwhelming majority of female victims of 63 sexual violence other than rape were assaulted by someone other than a current or 64 former intimate partner.11 Likewise between 80 and 90% of stalking victims report being 65 stalking by either a current or former intimate partner or acquaintance.12 66 67 This research runs counter to the stereotyped and “conventional” depiction of rape as 68 perpetrated by a stranger with a weapon, but it more clearly delineates the relationship 69 between a perpetrator and a victim. However, despite knowing the majority of their 70 perpetrators, victims of rape and sexual assault rarely report the crime to the police. A 71 2011 report by the Bureau of Justice Statistics indicates that just over a quarter (27%) of

22 6 Walters, M.L., Chen, J., & Breiding, M.L. The National Intimate Partner and Sexual Violence Survey 23 (NISVS): 2010 Findings on Victimization by Sexual Orientation. National Center for Injury Prevention and 24 Control, Centers for Disease Control and Prevention (2013), available at: 25 http://www.cdc.gov/ViolencePrevention/pdf/NISVS_SOfindings.pdf, accessed on February 28, 2013. 26 7 Walters, M.L., et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Findings 27 on Victimization by Sexual Orientation. 28 8 Black, M., et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary 29 Report. 30 9 Black, M., et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary 31 Report. Rates of stalking among Black Non-Hispanic men (1 in 17) and White Non-Hispanic and Hispanic 32 men (1 in 20) were similar to the national average of stalking experienced by all men. Rates among multi- 33 racial and American Indian and Alaskan Native populations were too low to estimate. 34 10 Black, M., et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary 35 Report. See also Koss, M.P. et. al., “The scope of rape: Incidence and prevalence of sexual aggression 36 and victimization in a national sample of higher education students;” and Tjaden. P. and Thoennes, N. 37 Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women. 38 11 Black, M., et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary 39 Report. 40 12 Black, M., et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary 41 Report. 109A

72 rape and sexual assault cases are ever reported to the police, representing a 25 73 percent decline in reporting since 2002,13 and even fewer cases are fully investigated by 74 the police or prosecuted by U.S./States Attorneys.14 The U.S. Government 75 Accountability Office reported in 2010 that though rape and sexual violence accounted 76 for a quarter of violent crimes reported to the police and federal authorities by Native 77 Americans, the U.S. Attorneys’ Office declined to prosecute 67 percent of those cases.15 78 79 CIVIL PROTECTION ORDERS FOR VICTIMS OF DOMESTIC AND INTIMATE PARTNER VIOLENCE 80 81 All fifty states and the District of Columbia have enacted civil protection order statutes 82 designed to offer victims of domestic and intimate partner violence a measure of 83 protection from future acts of violence and control.16 A majority of states also provide 84 protection for victims of sexual assault and rape, but only if the perpetrator is a current 85 or former intimate partner or family member.17 Most states also explicitly provide 86 protection for victims of stalking.18 87

42 13 Truman, J.L. & Planty, M. Criminal Victimization, 2011. U.S. Department of Justice, Office of Justice 43 Programs, Bureau of Justice Statistics (2012), available at: 44 http://bjs.ojp.usdoj.gov/content/pub/pdf/cv11.pdf, accessed on February 28, 2013. 45 14 See, e.g., Lisak, D. & Miller, P.M. “Repeat Rape and Multiple Offending Among Undetected Rapists.” 46 Violence and Victims, 17(1): 73-84 (2002), available at: 47 http://www.wcsap.org/sites/www.wcsap.org/files/uploads/webinars/SV%20on%20Campus/Repeat 48 %20Rape.pdf, accessed on February 28, 2013; and Human Rights Watch. Capitol Offense: Police 49 Mishandling of Sexual Assault Cases in the District of Columbia (2013), available at: 50 http://www.hrw.org/reports/2013/01/24/capitol-offense-0, accessed on February 28, 2013. 51 15 Maurer, D.C. U.S. Department of Justice Declinations of Indian Country Criminal Matters. U.S. 52 Government Accountability Office, GAO-11-167R (2010), available at: 53 http://www.gao.gov/new.items/d11167r.pdf, accessed on February 28, 2013. 54 16 ALA. CODE § 30-5-7 (2011); ALASKA STAT. § 18.66.100 (2011); ARIZ. REV. STAT. ANN. § 13-3602 (2011); 55 ARK. CODE ANN. § 9-15-201 (2011); CAL. FAM. CODE § 6300-6306 (2011); COLO. REV. STAT. ANN. § 13-14- 56 102 (2010); CONN. GEN. STAT. ANN. § 46B-15 (2011); DEL. CODE ANN. § 1045(2011); D.C. CODE §16-1003 57 (2011); FLA. STAT. ANN. § 741.28 (2011); GA. CODE ANN. § 19-13-4 (2011); HAW. REV. STAT. § 586-3 58 (2011); IDAHO CODE ANN. § 36-6304 (2011); 750 ILL. COMP. STAT. ANN. § 60/201 (2011); IND. CODE ANN. § 59 34-26-5-2 (2011); IOWA CODE ANN. § 236.2 (2011); KAN. STAT. ANN. § 60-3102 (2011); KY. REV. STAT. ANN. 60 § 403.725 (2011); LA. REV. STAT. ANN. § 46:2134 (2011); ME. REV. STAT. ANN. tit. 19-A, § 4002 (2011); MD. 61 CODE ANN., FAM. LAW § 4-504 (2011); MASS. GEN. LAWS. CH. 209A § 1 (2010); MICH. COMP. LAWS ANN. § 62 600.2950 (2010); MINN. STAT. ANN. § 518B.01 (2011); MISS. CODE ANN. § 93-21-7 (2011); MO. ANN. STAT. § 63 455.010 (2011); MONT. CODE ANN. § 40-15-102 (2011); NEB. REV. STAT. § 42-903 (2011); NEV. REV. STAT. 64 ANN. § 33.018 (2011); N.H. REV. STAT. ANN. § 173-B:1 (2011); N.J. STAT. ANN. § 2C:25-18 (2011); N.M. 65 STAT. ANN. § 40-13-3 (2011); N.Y. FAM. CT. ACT § 842 (2011); N.C. GEN. STAT. ANN. § 50B-1 (2011); N.D. 66 CENT. CODE § 14-07.1-02 (2011); OHIO REV. CODE ANN. § 3113.31 (2011); OKLA. STAT. ANN. tit. 22, § 60.2 67 (2011); OR. REV. STAT. ANN. § 107-705 (2011); 23 PA. STAT. ANN. § 6102 (2011); R.I. GEN. LAWS § 8-8.1-3 68 (2011); S.C. CODE ANN. § 20-4-40 (2011); S.D. CODIFIED LAWS § 25-10-3 (2011); TENN. CODE ANN. § 36-3- 69 605 (2011); TEX. FAM. CODE ANN. § 82.004 (2011); UTAH CODE ANN. § 78B-1-101 (2011); VT. STAT. ANN. tit. 70 15, § 1103 (2011); VA. CODE ANN. § 16.1-279.1 (2011); WASH. REV. CODE § 26.50.010 (2011); W. VA. CODE 71 § 48-27-501 (2011); WIS. STAT. § 813.12 (2011); WYO. STAT. ANN. § 35-21-103 (2011). 72 17 All but 8 states have civil protection order statutes that explicitly cover sexual assault/rape in the 73 context of an intimate partner or family relationship. Those 8 exceptions are (see code, above): Arizona, 74 Arkansas, Colorado, Connecticut, Illinois, Iowa, Michigan, and South Dakota. Colorado (COLO. REV. STAT. 75 ANN. § 13-14-102 (2011)), Illinois (740 ILL. COMP. STAT. ANN. 22/101 (2011)), and South Dakota (S.D. 76 CODIFIED LAWS § 22-19A-8 (2011)), however, provide separate access to protection for victims of sexual 77 assault and rape. 4 109A

88 Protection orders are designed to provide limited safety to victims of domestic and 89 intimate partner violence and abuse. Though protection orders vary state by state, 90 protection orders generally include the following provisions: (1) stay away order 91 directing the perpetrator to keep a minimum distance from the victim at all times; (2) no 92 abuse or assault order directing the perpetrator to refrain from any future acts of 93 violence; and (3) no contact order directing the perpetrator not to contact the victim for 94 any reason and by any means.19 Protection orders might also include other protections 95 for the victim, including child custody and support, ouster, various forms of restitution, 96 parenting and domestic violence classes for the perpetrator, and a firearms provision 97 requiring the perpetrator to turn in any firearms to the police.20 Civil protection orders are 98 most commonly enforced through the provision of criminal sanctions for violations of 99 any of the terms of the protection order,21 and the orders may remain in place 100 temporarily, for a fixed duration, or permanently. 101 102 Increasingly, states are beginning to realize the value that civil protection orders may 103 play in access to justice for victims of sexual assault, rape, and stalking. Nineteen states 104 authorize the issuance of protection orders against perpetrators of sexual assault, rape, 105 and harassment, irrespective of whether the parties ever shared an intimate partner or 106 familial relationship.22 As prosecution of sexual assault, rape, and stalking cases 107 remains low throughout the United States, ensuring equal access to civil protection 108 orders for all victims of sexual violence and stalking can provide a step toward safety 109 and justice, even in the absence of formal criminal proceedings against the perpetrator.

78 18 Thirty-seven states and the District of Columbia provide access to civil protection orders for victims of 79 stalking. ALA. ST. § 30-5-1 (2007); ALASKA STAT. § 18.65.850 (2007); A.R.S. § 12-1809 (2007); CA. CIV. PRO. 80 § 527.6 (2007); COLO. REV. STAT. ANN. § 13-14-102 (2007); DEL. CODE ANN. TIT. 10 § 1045 (2006); D.C. CODE § 81 16-1003; F.S.A. § 784.046 (2007); GA. CODE ANN. § 16-5-90 (2007); H.R.S. § 604-10.5 (2007); IND. CODE 82 ANN. § 34-26-5-2 (2007); KS. ST. § 60-31A01 (2007); LA. REV. STAT. § 46:2131 (2007); MD. CTS. & JUD. PRO. § 83 3-1501 (2007), MD. FAM. § 4-501 (2007); MICHIGAN COMPILED LAWS § 600-2950A (2007); MINN. STAT. ANN. § 84 609.748 (2007); MO. ST. § 455.005 (2007); MT. ST. § 40-15-116 (2007); NEB. REV. ST. § 28-311.02 (2007); 85 N.R.S. § 200.591 (2007); N.H. REV. STAT. § 173-B (2007), N.H. REV. STAT. § 633:3-A (2007); N.M. STAT. ANN. § 86 40-13-3 (2007); N.Y. FAM. CT. § 821 (2007); N.C. GEN. STAT. § 50C-1 (2007); OH. ST. § 2903.214 (2007); 22 87 OKL. ST. ANN. § 60.1 (2007); O.R.S. § 163.730 (2007); R.I. ST. § 15-15-1 (2007); S.C. ST. § 16-3-1750 88 (2007); S.D. C.L. § 22-19A-8 (2007); TENN. CODE ANN. § 36-3-601 (2007); VERNON’S ANN. TEXAS C.C.P. ART. 89 17.292 (2007); UTAH CODE ANN. § 77-3A-101 (2007); 12 V.S.A. § 5131 (2007); VA. CODE ANN. § 19.2-152.10 90 (2007); R.C.W. § 10.14.010 (2007); W.S.A. § 813.125 (2007); WYO. STAT. § 7-3-506 (2007). 91 19 U.S. Department of Justice, Office for Victims of Crime, Legal Series Bulletin 4, Enforcement of 92 Protection Orders 1 (2002), available at: 93 https://www.ncjrs.gov/ovc_archives/bulletins/legalseries/bulletin4/ncj189190.pdf, accessed on February 94 28, 2013. 95 20 U.S. Department of Justice, Office for Victims of Crime, Legal Series Bulletin 4, Enforcement of 96 Protection Orders 1. 97 21 U.S. Department of Justice, Office for Victims of Crime, Legal Series Bulletin 4, Enforcement of 98 Protection Orders 1 (2002). 99 22 ALASKA STAT. § 18.65.850 (2011); CAL. CIV. PROC. CODE ANN. § 527.6 (2011); COLO. REV. STAT. ANN. § 100 13-14-102 (2011); FLA. STAT. ANN. § 784.046 (2011); 740 ILL. COMP. STAT. ANN. 22/101 (2011); ME. REV. 101 STAT. ANN. tit. 5, § 4651 (2011); MD. CODE ANN., CTS. & JUD. PROC. § 3-1501 (2011); ALM GL ch. 258E, §1 102 (2011); MINN. STAT. ANN. § 609.748 (2011); MONT. CODE ANN. § 40-15-102 (2011); N.C. GEN. STAT. ANN. § 103 50C-1 (2011); ORC ANN. § 2903.214 (2011); OKLA. STAT. ANN. tit. 22 § 60.2 (2011); S.D. CODIFIED LAWS § 104 22-19A-8 (2011); TENN. CODE ANN. § 36-3-601 (2011); TEX. CODE CRIM. PROC. ANN. ART. 7A.01 (2011); VT. 105 STAT. ANN. tit. 12, § 5131 (2011); WASH. REV. CODE ANN. § 7.90.020 (2011); WIS. STAT. ANN. § 813.125 106 (2011). 109A

110 111 GENERAL APPLICABILITY AND APPROPRIATENESS OF CIVIL PROTECTION ORDERS IN PROVIDING A 112 CIVIL REMEDY FOR VICTIMS OF SEXUAL VIOLENCE AND STALKING 113 114 As noted, though sexual violence and stalking is widespread throughout the United 115 States, rates of reporting incidents of sexual assault and rape to the police are at an 116 historic low, and only half of all incidents of stalking are reported to the police.23 Only 117 approximately one quarter of sexual assaults nationwide are ever reported to the 118 police,24 and an even smaller fraction are fully investigated and/or prosecuted.25 Among 119 stalking cases, only between a fifth and a quarter of cases reported to the police are 120 prosecuted.26 This is particularly troublesome in light of recent research indicating that 121 most sexual predators are repeat offenders.27 This generality holds true for both 122 perpetrators who randomly assault strangers as well as those who target victims with 123 whom they are acquainted or share a more intimate relationship. In fact, psychologist 124 and researcher David Lisak notes that, “[T]he majority of [sexual] violence is committed 125 by predatory individuals who tend to be serial and multi-faceted offenders.”28 126 127 In an eight-year study of 1,882 men on college campuses in Massachusetts, 128 researchers found that almost two-thirds of previously “undetected” rapists were repeat 129 offenders, a majority of whom had also committed other acts of interpersonal violence.29 130 This is particularly troubling with respect to sexual assault occurring on college 131 campuses. Investigative reports indicate that few colleges and universities respond to 132 allegations of sexual assault and rape by expelling the perpetrator. Rather, the trend is 133 for university administrators to view the on-campus judicial process as a “teachable 134 moment” useful for instructing a perpetrator who made a one-time mistake.30 Research 135 indicates, however, that the majority of perpetrators are repeat offenders, thus a 136 minimal consequence (such as counseling, temporary suspension, or classes) fails to

107 23 Tjaden, P. & Thoennes, N. “Stalking in America: Findings From the National Violence Against Women 108 Survey,” U.S. Department of Justice, Office of Justice Programs, National Institute of Justice and Centers 109 for Disease Control in Prevention, Research in Brief, April 1998. 110 24 Truman, J.L. & Planty, M. Criminal Victimization, 2011. 111 25 See, e.g., Koss, M.P. “Shame, blame, and community: Justice responses to violence against women.” 112 American Psychologist, 55: 1332-1343 (2000); Lisak, D. & Miller, P.M. “Repeat Rape and Multiple 113 Offending Among Undetected Rapists;” Human Rights Watch. Capitol Offense: Police Mishandling of 114 Sexual Assault Cases in the District of Columbia; Maurer, D.C. U.S. Department of Justice Declinations 115 of Indian Country Criminal Matters. 116 26 Tjaden, P. & Thoennes, N. “Stalking in America: Findings From the National Violence Against Women 117 Survey.” 118 27 Lisak, D. & Miller, P.M. “Repeat Rape and Multiple Offending Among Undetected Rapists;” Lisak, D. 119 “Understanding the Predatory Nature of Sexual Violence.” Sexual Assault Report 14:49-50, 55-57 (2011), 120 available at: http://www.middlebury.edu/media/view/240951/original/PredatoryNature.pdf, accessed on 121 February 28, 2013. 122 28 Lisak, D. “Understanding the Predatory Nature of Sexual Violence.” 123 29 Lisak, D. & Miller, P.M., “Repeat Rape and Multiple Offending Among Undetected Rapists.” 124 30 Shapiro, J. “Campus Rape Victims: A Struggle for Justice.” NPR News (February 24, 2010), available 125 at: http://www.npr.org/templates/story/story.php?storyId=124001493, accessed on February 28, 2013. 126 See also, Center for Public Integrity. Sexual Assault on Campus: A Frustrating Search for Justice (2010- 127 2013), available at: http://www.publicintegrity.org/accountability/education/sexual-assault-campus, 128 accessed on February 28, 2013. 6 109A

137 adequately address the severity of the crime of sexual violence or the likelihood of 138 recidivism.31 139 140 Additionally, as perpetrators on college campuses are often other students, inadequate 141 judicial response to sexual assault leaves victims even more vulnerable to future 142 harassment, stalking, physical or sexual attack, and trauma.32 As a victim is likely to 143 know the perpetrator, even if they did not share an intimate relationship or friendship, 144 the civil protection order process offers access to the judicial system for a victim 145 concerned about his or her physical safety and well-being. For victims who may harbor 146 fear of or reluctance to become involved in the criminal justice system, civil protection 147 orders may also provide some safety even if the perpetrator is never criminally 148 prosecuted. Finally, while particularly appropriate for the university or college setting, 149 protection orders can provide the same level of added security and safety to any victim 150 who may anticipate future contact with a perpetrator of sexual assault or rape. 151 In the context of stalking, civil protection orders are particularly well-suited to address 152 the tactics most often used by stalkers to harass and control their victims. Three- 153 quarters of all stalking victims report receiving unwanted telephone calls, text 154 messages, or other forms of written or spoken correspondence, more than half of all 155 female victims and just under half of all male victims report being approached by their 156 stalkers, and approximately one-third of all victims report being watched, followed, or 157 tracked.33 Traditional civil protection orders, which include no contact, no harass, and 158 stay away provisions, directly address the behavior perpetrated by stalkers against their 159 victims. 160 161 Though civil protection orders are not a substitute for criminal prosecution of 162 perpetrators, and access to civil protection orders alone will not resolve the poor 163 response of the justice system to sexual assault, rape, and stalking, increasing 164 availability of these remedies to all victims of sexual violence and stalking grants victims 165 an additional tool for protecting their safety and their journey toward healing. 166 167 CONCLUSION 168 169 Sexual violence is a widespread phenomenon throughout the United States, and 170 ensuring access to justice for victims of sexual assault and rape is a necessary step in 171 the cultural shift away from victim-blaming and toward the recognition of perpetrators as 172 sexual predators. Ensuring adequate access to civil protection orders for victims of 173 stalking is similarly important in bolstering the legal response to harassing and 174 threatening conduct by perpetrators. Though access to civil protection orders alone will 175 not hold all perpetrators accountable for their crimes, protection orders do provide

129 31 Lisak, D. “Understanding the Predatory Nature of Sexual Violence;” Lisak, D. & Miller, P.M., “Repeat 130 Rape and Multiple Offending Among Undetected Rapists;” Shapiro, J. “Campus Rape Victims: A Struggle 131 for Justice;” Center for Public Integrity. Sexual Assault on Campus: A Frustrating Search for Justice. 132 32 Lisak, D. “Understanding the Predatory Nature of Sexual Violence;” Lisak, D. & Miller, P.M., “Repeat 133 Rape and Multiple Offending Among Undetected Rapists;” Shapiro, J. “Campus Rape Victims: A Struggle 134 for Justice;” Center for Public Integrity. Sexual Assault on Campus: A Frustrating Search for Justice. 135 33 Black, M., et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary 136 Report. 109A

176 victims with a tool for improving their safety and security in the aftermath of sexual 177 assault, rape, and stalking. By recognizing the importance of all federal, state, territorial, 178 local, and tribal governments establishing civil protection order statutes to protect 179 victims of non-intimate partner sexual violence and stalking, the ABA will continue its 180 legacy of urging protection for all victims of inter-personal violence and crime. 181 182 183 Respectfully Submitted, 184 185 Angela Vigil, Chair 186 ABA Commission on Domestic & Sexual Violence 187 February 2015

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188 GENERAL INFORMATION FORM 189 190 Submitting Entity: Commission on Domestic & Sexual Violence 191 Submitted By: Angela Vigil, Chair 192 193 1. Summary of Resolution(s). 194 The Resolution urges federal, state, local, territorial, and tribal governments to enact 195 civil protection order statutes that provide protection to victims of sexual assault and 196 rape, outside of the context of intimate partner, and in the absence of any formal 197 qualified relationship between the parties. 198 199 2. Approval by Submitting Entity. 200 The Commission voted to support the resolution and report on March 8, 2013, and 201 voted to support revisions on May 3, 2013. 202 203 3. Has this or a similar resolution been submitted to the House or Board 204 previously? 205 No. 206 207 4. What existing Association policies are relevant to this resolution and how 208 would they be affected by its adoption? 209 The Association adopted policy #115 (Midyear 2010) which provides, in relevant part: 210 211 [The] Association urges Congress to re-authorize and fully fund […] legislation that: 212 Enhances judicial, legal and law enforcement tools to combat domestic violence, 213 dating violence, sexual assault, and stalking; […] 214 215 This policy would not be adversely affected by the adoption of the proposed 216 resolution. 217 218 5. If this is a late report, what urgency exists which requires action at this 219 meeting of the House? n/a 220 221 6. Status of Legislation. (If applicable) n/a 222 223 7. Brief explanation regarding plans for implementation of the policy, if adopted. 224 Upon adoption, the Commission on Domestic & Sexual Violence will develop 225 programming and training for attorneys who represent sexual assault and stalking 226 victims, so as to increase their access to protection, and will advocate for laws that 227 reflect this policy recommendation. 228 229 8. Cost to the Association. (Both direct and indirect costs) None. 230 231 9. Disclosure of Interest. (If applicable) n/a 232 233 10. Referrals. 109A

234 Commission on Youth at Risk 235 Commission on Sexual Orientation and Gender Identity 236 Commission on Law and Aging 237 Commission on Immigration 238 Center on Children and the Law 239 Center for Human Rights 240 Commission on Women in the Profession 241 Justice Center 242 Family Law Section 243 Criminal Law Section 244 Litigation Section 245 246 11. Contact Name and Address Information. (Prior to the meeting. Please 247 include name, address, telephone number and e-mail address) 248 Vivian Huelgo, Chief Counsel 249 Commission on Domestic & Sexual Violence 250 1150 Connecticut Avenue, NW, Suite 400 251 Washington, DC 20036 252 Phone: (202) 662-8637 253 Email: [email protected] 254 255 12. Contact Name and Address Information. (Who will present the report to the 256 House? Please include name, address, telephone number, cell phone number and 257 e-mail address) 258 Angela C. Vigil, Esq. 259 Baker & McKenzie, LLP 260 Sabadell Financial Center 261 1111 Brickell Avenue, Suite 1700 262 Miami, FL 33131 263 Phone: 305-789-8904 264 Email: [email protected]

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265 EXECUTIVE SUMMARY 266 267 268 1. Summary of the Resolution. 269 The Resolution urges federal, state, territorial, local, and tribal 270 governments to enact civil protection order statutes that provide protection 271 to victims of sexual assault, rape, and stalking, outside of the context of 272 intimate partner, and without the requirement of any relationship between 273 the parties. 274 275 2. Summary of the issue that the resolution addresses. 276 Though some states permit sexual assault, rape, and stalking victims to 277 access civil protection orders for their safety and protection, not all 278 jurisdictions provide for protection orders in cases of sexual assault, 279 unless there is an intimate partner relationship between the parties. This 280 resolution seeks to expand access to civil protection orders so as to better 281 protect sexual assault, rape, and stalking victims. 282 283 3. Please explain how the proposed policy position will address the issue. 284 The proposed policy position will urge federal, state, territorial, local, and 285 tribal governments to expand civil protections available to victims of sexual 286 assault, rape, and stalking. 287 288 4. Summary of any minority views. 289 290 None to date. 291