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Current Status of Domestic Violence & Sexual Assualt Laws Ky

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Current Status of Domestic Violence & Sexual Assualt Laws Ky VOICES AGAINST VIOLENCE: CURRENT STATUS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT LAWS IN KENTUCKY Sponsor: Young Lawyers Division CLE Credit: 1.0 Thursday, June 19, 2014 3:45 p.m. - 4:45 p.m. Ballroom C Northern Kentucky Convention Center Covington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i Voices Against Violence: Current Status of Domestic Violence and Sexual Assault Laws in Kentucky .................................................................................... 1 Bill 12 .............................................................................................................................. 7 HB 166 .......................................................................................................................... 11 HB 166 Fact Sheet ........................................................................................................ 17 Dating Violence Brochure .............................................................................................. 19 Domestic Violence and Housing Brochure .................................................................... 21 Address Confidentiality Program ................................................................................... 23 Address Confidentiality Program FAQs ......................................................................... 25 Address Confidentiality Program Brochure .................................................................... 27 Address Confidentiality Program Application ................................................................. 29 THE PRESENTERS Senator Sara Beth Gregory Carroll & Turner, PSC 56 Court Street Monticello, Kentucky 42633 (606) 348-9767 [email protected] SARA BETH GREGORY is an attorney with Carroll & Turner, PSC. After graduating from the University of Kentucky College of Law and prior to joining Carroll & Turner, she served as a law clerk for Senior Judge Eugene E. Siler of the United States Court of Appeals for the Sixth Circuit. In 2010, Ms. Gregory successfully ran for election to the Kentucky House of Representatives. After serving one term in the House, she won a special election to the Kentucky Senate. Ms. Gregory now serves as State Senator for the Sixteenth Senatorial District. She is the Chair of the Government Contract Review Committee and also serves on the Administrative Regulation Review, Agriculture, Appropriations and Revenue, and Judiciary Committee. Ms. Gregory’s law practice primarily involves civil litigation, including personal injury, domestic relations, and business litigation cases. She also handles the majority of the firm’s appellate work and has been successful on appeals before both the Sixth Circuit and Kentucky Court of Appeals. Secretary of State Alison Lundergan Grimes Capitol Building 700 Capitol Avenue, #152 Frankfort, Kentucky 40601 (502) 564-3490 SECRETARY OF STATE ALISON LUNDERGAN GRIMES serves as Kentucky's 76th Secretary of State. Prior to her election, she was employed by the National Kidney Foundation and maintained a private practice. Secretary Grimes received her B.A. from Rhodes College and her J.D., with honors, from American University, Washington College of Law. She serves on the Board of Directors of God's Pantry Food Bank and has served as President of the Fayette County Bar Association's Women Lawyers Association and as a member of the 2008 Democratic National Convention Rules Committee. Secretary Grimes was the recipient of the Fayette County Bar Association's 2010 Outstanding Young Lawyer. i Gretchen Hunt Kentucky Association of Sexual Assault Programs 83 C. Michael Davenport Boulevard Frankfort, Kentucky 40604 (502) 226-2704 [email protected] GRETCHEN HUNT has spent her career advocating on behalf of survivors of human trafficking, domestic violence and sexual assault. As Staff Attorney at the Kentucky Association of Sexual Assault Programs, she represents the thirteen rape crisis centers around the state, provides training and technical assistance and works on public policy affecting victims of sexual assault and trafficking. Last year, Ms. Hunt was a key partner in the passage of HB 3, Kentucky’s Human Trafficking Victims’ Rights Act and created the statewide human trafficking task force to implement the new law. She is a past recipient of the Leadership Award of Kentucky Women’s Law Enforcement Network and the Liberation Award from Kentucky Rescue and Restore for her work on human trafficking. She has taught courses on Gender and the Law and Domestic Violence at the University of Louisville Brandeis School of Law. Her articles on human trafficking have been published in the Journal of Trauma and Abuse and Kentucky Bench & Bar. Ms. Hunt is a graduate of Boston College and Boston College Law School. Mary E. Savage Kentucky Domestic Violence Association 111 Darby Shire Circle Frankfort, Kentucky 40601 (502) 209-5382 [email protected] MARY E. SAVAGE serves as Legal Counsel for the Kentucky Domestic Violence Association. She is a graduate of the University of Kentucky and its College of Law. After graduating from law school, Ms. Savage served on active duty with the United States Navy Judge Advocate General Corps in San Diego and Key West. Upon returning to Kentucky, she worked as an Assistant Commonwealth Attorney in Russell, Wayne, and Clinton Counties and then for the Appalachian Research and Defense Fund of Kentucky. She then moved to Anchorage, Alaska, where she worked for Alaska Legal Services. ii VOICES AGAINST VIOLENCE: CURRENT STATUS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT LAWS IN KENTUCKY Gretchen Hunt I. INTRODUCTION: HOW DOES SEXUAL ASSAULT AND DOMESTIC VIOLENCE INTERSECT WITH YOUR AREA OF PRACTICE? Too often, we as lawyers think that domestic violence and sexual assault are only relevant to those who prosecute or practice family law. Sexual and domestic violence have impacts in housing, immigration, civil, tax and many other fields of practice. This session will allow us to delve into ways that you can integrate a higher standard of practice representing victims in your diverse fields. (Material: ABA Standards of Practice for Lawyers Representing Victims of Domestic Violence, Stalking and Sexual Assault, http://www.americanbar.org/ content/dam/aba/migrated/domviol/pdfs/0908/Standards_of_Practice_for_Lawyer s_Representing_Victims_of_DV_SA_Stalking.authcheckdam.pdf). II. PREVALENCE OF SEXUAL AND DOMESTIC VIOLENCE IN KENTUCKY: WHAT DOES THE DATA TELL US? A. The CDC recently released the National Intimate Partner and Sexual Violence Survey (NISVS), which is an on-going, nationally-representative survey that collects detailed information on sexual violence, stalking, and intimate partner violence victimization of adult women and men in the United States. 2010 was the first year of the survey, and it provides baseline data that will be used to track trends in sexual violence, stalking, and intimate partner violence. This survey not only collected national data, they also gathered state specific information so we can better describe and monitor the magnitude of these forms of violence that are individual to us. The following are findings that are specific to the Commonwealth of Kentucky; these highlight the severity of Kentucky’s problem with sexual violence, stalking and intimate partner violence. As of 2010, 345,000, 20.3 percent, Kentucky women have been raped. 812,000, 47.7 percent, Kentucky women have experienced sexual violence. 313,000, 19.6 percent, men in Kentucky have experienced sexual violence. 420,000, 24.7 percent, women in Kentucky were victims of stalking. 1 638,000, 37.5 percent, Kentucky women have been raped, stalked, and/or experienced physical violence by an intimate partner. 495,000, 31 percent, Kentucky men have been raped, stalked, and/or experienced physical violence by an intimate partner. Kentucky’s rates of sexual, domestic and stalking violence are higher than the national average. B. Rape Crisis Centers (RCC) act as an agent of the state by contract through the Cabinet for Health and Family Services to provide services to victims of sexual assault (KRS 211.602). Kentucky’s thirteen RCCs are the only centers providing crisis counseling, medical and legal advocacy to victims of sexual assault, 14 percent of whom are children. Last year, Rape Crisis Centers served over 3,000 victims. C. This high prevalence of sexual and domestic violence indicates that lawyers are serving
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