AUGUSTA - The Maine House gave initial approval on Thursday to a bill from Rep. Lori K. Gramlich, D-Old Orchard Beach, to protect the rights of sexual assault survivors. The measure was approved "under the hammer," or by unanimous consent.
As amended, LD 1362 would enshrine in law the right of sexual assault survivors to have a trained sexual assault counselor present during a physical examination or interview by investigators. It would also prevent evidence gathered during a sexual assault forensic examination from being used to prosecute a survivor for certain nonviolent crimes.
"When survivors come forward to seek justice, it often means experiencing further trauma as they relive their experience while navigating the legal process," said Gramlich. "This bill provides survivors with simple protections, such as the right to have an advocate present to support them, to ensure that they feel empowered to pursue justice and to prevent unnecessary further harm."
At a public hearing earlier this year, survivors, advocates and law enforcement testified in support of the bill.
"Even if a law enforcement officer or attorney has extensive training in trauma-informed interviewing and process, the main purpose for that person is usually to gather information and explain the court process. In and of itself, this is often an intense and re-traumatizing experience for the survivor," said Melissa Martin, public policy and legal director at the Maine Coalition Against Sexual Assault. "Having an advocate present helps the survivor feel more grounded and supported, increasing the chances they can share and receive the best information possible. Over the years representing survivors, I will say that in general my clients were calmer, more focused and better able to participate in court processes when they had the support of an advocate."
According to the Maine Coalition Against Sexual Assault, 14,000 Mainers experience sexual violence each year, but only 514 cases of rape or attempted rape were reported to Maine law enforcement in 2019.
The bill faces additional votes in the House and Senate.
Gramlich is serving her third term in the Maine House and represents Old Orchard Beach. She is the House chair of the Environment and Natural Resources Committee.
Contact:
Brian Lee [Gramlich], c. 305-965-2744