MCASA Testifies in Congress

MCASA's Executive Director & Counsel, Lisae C. Jordan, Esq., was in DC to testify before the House Judiciary Subcommittee in support of permanent protective orders.

HR8481, known as Kayleigh’s Law, proposes the creation of permanent protective orders for serious federal sex crimes and other federal felonies.  Most sex crimes are prosecuted in State courts, however, HR8481 seeks to close an important gap.

Current federal law fails to include adequate protections for survivors and order offenders to stay away from those they harm. While HR8481 aims to solve the issue, MCASA was invited to provide expert testimony regarding technical flaws and serious omissions in the bill as introduced. We applaud Kayleigh Kozak, the bill’s namesake, and her advocacy work as a survivor. Our concerns about HR8481 are about the scope and technical aspects; not a disagreement with her efforts nor the general idea of permanent orders.

This bill ties permanent protective orders to the criminal justice process, requiring a conviction in court for a survivor to have access to one. And successful convictions are rare: only about 30% of sexual assault victims ever report their attacks to law enforcement. Out of every 1,000 rape cases, 11 are referred to prosecution and only 7 result in a felony conviction.

Support for basic needs like housing, and for mental health support and counseling, is often a prerequisite to seeking justice. Survivors need to feel supported in order to come forward

Consider, for example, a case of a 14 year old girl who is vulnerable and suffering low self-esteem. She is targeted by an abuser calling her beautiful and helping her feel special. The abuser recruits her into human trafficking using all the slow and careful grooming that sex offenders use. He gains her trust. He cuts her off from the support of those who love her. He draws her in and then exploits her.

Before this young woman ever reports, she needs to know that what is happening is not her fault and that it’s illegal. She needs to have information. She needs counseling to address guilt and shame. She may or may not have become entangled in the juvenile justice system or be using drugs. She needs a safe place to stay. She needs to make up the education she has missed or receive support to gain employment. To help prosecute the offender, she needs trained prosecutors who will take her story seriously and prosecute swiftly. She needs her own advocate or attorney to help ensure that her rights to be notified, present, and heard in court are enforced. She needs help ensuring that whatever safety provisions are available, are included in any sentence imposed. And she needs to have advocacy if and when any of those rights are violated. A permanent protective order should be one of the protections available, but more is needed for this young woman to access justice.

MCASA urged the House Judiciary Crime Subcommittee to take every step available to ensure sexual assault survivors have all of the tools and support they need for safety, healing, and justice. We emphasized the importance of federal funding for rape crisis centers and others supporting sexual assault survivors and urged Congressional oversight to ensure funding is reaching the field and the survivors we help.

Thank you to Representative Jamie Raskin, one of our leaders in Maryland and Ranking Member of the House Judiciary Committee, and Representative Lucy McBath, Ranking Member of the Subcommittee on Crime and Federal Government Surveillance, for the invitation to share MCASA's expertise and for their longstanding commitment to empowering survivors.