Governor's Column - July 20, 2007
by Governor Matt Blunt
A Safer Place for Missouri Women and Children
It is a fundamental duty of our state government to protect Missourians from violent criminals. I recently signed House Bill 583 that toughens sentences, helps maintain victims' dignity, and protects safe harbors designed to assist those in danger.
My administration takes our job of protecting Missourians from violent criminals very seriously. That is why I supported our version of Jessica's Law in 2006. The heart of that legislation was mandatory life sentences for sex offenses committed against children, with at least 30 years served. Missouri's Jessica's Law is one of the toughest laws of its kind in the country.
But protecting our most vulnerable citizens involves more than just tough prison sentences. It also means helping victims maintain their dignity and protecting safe harbors where they can live without fear.
Legislation I recently signed has several provisions to protect victims and enhance public safety. The first change relates to what law enforcement officials commonly call a "rape kit." Under current law, victims of sexual assault or rape were often forced to pay for their own forensic examinations. This added significant insult to brutal injury. This new law ensures victims of sexual assault will not be forced to pay for a medical exam to prove their injuries.
Under Missouri's current law, prosecutors or police investigators may require a polygraph from a victim before proceeding with a prosecution or investigation. Crime victims should not feel like they are on trial for the crimes that others committed against them. This legislation fixes this problem by forbidding any government official from placing that condition on a victim.
Another provision of the legislation strengthens penalties for repeat occurrences of domestic assault in the first degree, which involves attempted murder or serious physical injury. The new law in Missouri makes the second offense a class A felony, punishable by ten years to life in prison. Prosecutors will now have a tool to put these violent offenders where they can no longer hurt innocent Missourians.
This legislation also protects victims' safety with a new address confidentiality program. The program allows victims to use a substitute mailing address for first class, legal and certified mail as well as for government records and public filings. This change will keep women safe by making it more difficult for abusers to locate their victims.
The legislation also mandates confidentiality agreements with all employees and volunteers of rape crisis centers. Anyone working at a rape crisis center must pledge to keep secret any information they learn about the identity of victims. More importantly, it ensures employees and volunteers cannot testify in court about confidential information unless the victim waives the right to confidentiality.
Finally, the legislation protects children by making it easier to sue for psychological injuries caused by sexual exploitation. Current law requires victims of sexual exploitation to prove physical manifestations of psychological injuries. This legislation does away with that requirement. House Bill 583 makes it the official position of the State of Missouri that sexual exploitation always involves a psychological injury.
Missourians can take pride in what we have accomplished over the past two and half years to better protect children from sex offenders. From the Amber Alert system to Jessica's Law, we have made Missouri a safer place for our children. This bill takes another step in that direction. I would like to thank all workers and volunteers who provide support to victims of sexual assault and domestic violence. You provide an incredibly valuable service to your local community by helping vulnerable women and children in their time of need.