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Minutes for HB2079 - Committee on Judiciary
Short Title
Removing the spousal exception from sexual battery.
Minutes Content for Wed, Feb 6, 2019
Natalie Scott, Assistant Revisor, provided an overview of HB2079. She answered questions from the membership. (Attachment 1)
Michelle McCormick, Program Director, YWCA Center for Safety & Empowerment testifies in support of HB2079. For over 40 years, their program has provided services to victims and survivors of domestic violence, sexual violence, stalking and human trafficking. Most of the thousands of people they serve each year are harmed by the person they are in an intimate relationship with, including the person to whom they are married. She was stunned to learn that the current law does not allow equal protection for individuals who are married from acts of sexual violence as defined in the sexual battery statute, simply because that act may occur within a marital relationship. The spousal exemption is not only a grave injustice, it also reinforces a deeply flawed and antiquated cultural norm indicating that consent is implied by the act of marriage, and that spouses do not retain agency over their own bodies. The current law is especially harmful to individuals who are sexually battered as part of an abusive marriage. She strongly encouraged the Committee and the Legislature as a whole to pass HB2079 for the safety of all Kansans. Ms. McCormick answered questions from the membership. (Attachment 2)
Representative Brett Parker, 29th District, testified in support of HB2079. He explained the spousal exemption for the statute on rape was removed decades ago; however, this language persists in the statute for sexual battery. He feels by enacting this change, Kansas will send a message of support to victims of domestic violence, and marriage should not absolve offenders of guilt nor deprive victims of justice. He stated it is time to make this law reflect our values as Kansans. Representative Parker urged this committee and the legislature join to support this change. He answered questions from the membership. (Attachment 3)
Mary Stafford, LMSW and community member testified in support of HB2079. Ms. Stafford reviewed a variety of statistics covered in her attached testimony. She stated domestic violence is fundamentally rooted in elements of power and control. Perpetrators use a variety of physical, emotional, financial and sexual tactics to dehumanize and devalue their partners. Consequently, survivors often feel unworthy and undeserving. HB2079 sends a clear message to survivors that they are entitled to bodily autonomy, sexual boundaries and safety, and that a marriage license is not a forfeiture of their basic human rights. She asked the membership to create a safer and more just Kansas by restoring dignity to thousands of survivors by supporting HB2079. (Attachment 4)
Sara Rust-Martin, Director of Legal & Policy, Kansas Coalition Against Sexual & Domestic Violence testified in support of HB2079. She explained marital rape is illegal in the United States; however, Kansas is one of eight states continuing to allow exceptions for sexually-based crimes when the offender is the spouse of the victim. This archaic thinking dates to 17th century common law, when a women’s unconditional sexual consent was considered part of the marital contract. She feels by allowing this spousal exception to continue we are memorializing and honoring a belief and a system rooted in disenfranchisement, violence and misogyny. The Coalition and our 26-member programs again ask for the immediate passage of HB2079. (Attachment 5)
Victoria Pickering, Director of Advocacy, Metropolitan Organization to Counter Sexual Assault submitted written testimony in support of HB2079. (Attachment 6)
Dr. Jennifer L. Johnson, DNP, AdventHealth Shawnee Mission submitted written testimony is support of HB2079. (Attachment 7)
There being no further conferees, Chairperson Patton closed the hearing on HB2079.
