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Minutes for SB355 - Committee on Judiciary
Short Title
Prohibiting psychiatric or psychological examinations of victims of certain sex offenses in criminal cases.
Minutes Content for Wed, Feb 19, 2020
Jason Thompson gave a brief of SB355 explaining that it creates a new section of law to be added to the Kansas criminal code. It states that the court shall not require a complaining witness to submit to or undergo a psychiatric or psychological examination as regards the crime. It also specifies 19 crimes or attempted crimes covered by this law. (Attachment 1)
The Kansas Division of the Budget submitted a fiscal note on SB355. (Attachment 2)
Kim Parker spoke in support of SB355 explaining that her organization wants to stop an archaic attitude that victims who report sexual assault should undergo psychiatric evaluation to determine their veracity because they might be fantasizing or have a weird biological urge that makes them give a false claim. No other victims of other crimes are subjected to this indignity and harassment. (Attachment 3)
There was discussion of the testimony.
Lindsey Ford spoke for Sara Rust-Martin, giving testimony in support of SB355 explaining that information from a psychological evaluation cannot determine truthfulness and that it can be used to discredit the witness. Many victims of these crimes are already vulnerable due to psychological or physical disabilities and adding this unnecessary examination to their ordeal adds to their victimization. (Attachment 4)
There was discussion of the testimony.
There was no opponent testimony.
Written neutral testimony was presented by the following:
- Jessica Glendening, Kansas Assn. of Criminal Defense Lawyers (Attachment 5)
The hearing was closed.
