The Missouri House has voted to take away one of the tools sexual predators use to protect themselves, and to be able to find and abuse new victims. House Bill 709, which was sent to the Senate this week, would bar the enforcement of non-disclosure agreements in cases of child sexual abuse.
Representative Brian Seitz (Photo: Tim Bommel, Missouri House Communications)
Such legal contracts sometimes come into play in abuse cases, particularly when parents or guardians accept a settlement with an abuser. These contracts have left victims unable to talk about what they experienced, and their abusers have been enabled to change locations or jobs without anyone knowing what they had done, allowing them to continue their transgressions in new places and against new victims.
Seitz is the sponsor of HB 709, the latest version of a proposal he has offered for several years now. He urged his colleagues to again advance it after other forms of the measure have already received broadly supportive votes across multiple legislative sessions.
Other House members offered strong support. Columbia Representative David Tyson Smith (D), an attorney for two decades, said to silence a child is one of the worst things a person can do, especially when they have been abused and are too young to make for themselves the decision to agree not to speak about it.
Representative Rudy Veit (R-Wardsville), another practicing lawyer, told his fellows he has dealt with abuse survivors and seen firsthand the courage it takes for them to acknowledge what they have experienced, even to themselves.
Representative David Tyson Smith (Photo: Tim Bommel, Missouri House Communications)
Representative Raychel Proudie (D-Ferguson), who focuses much of her legislative efforts on protecting children, also stressed the importance of adding this language to Missouri law.
709 reaches the Senate with only three weeks remaining in the legislative session, but versions of the proposal are moving in several other forms and on several other bills. Seitz expressed optimism during the debate, noting that in the Senate as in the House, the bill has received “total, bipartisan support.”
A measure to give victims of child sexual abuse more time to sue those responsible for their abuse was given a unanimous vote of support in the House last week. The bill reached the floor too late to become law this year, but its sponsor hopes that vote will give it momentum for future sessions.
Representative Brian Seitz (Photo: Tim Bommel, Missouri House Communications)
In 2018 state law was changed to lift the statute of limitations on criminal prosecution of child sexual abuse, but in civil law a victim of childhood sexual abuse can only sue their abusers until they turn 31 or within three years of discovering that an injury or illness was the result of childhood sexual abuse, whichever occurs later. House Bill 367 would have extended that age limit to 41, and expand the scope of who can be sued to include anyone who enabled abuse or allowed it to continue, or who created a circumstance in which it could occur.
He said when the bill was heard by the House Judiciary Committee, people who experienced abuse as children in Missouri came from all over the state and as far away as Florida and Texas, to testify.
Seitz refers to abuse that happened at Kanakuk Summer Camp at Branson, which in 2010 resulted in a former counselor there receiving two life sentences in Missouri prison.
The House voted 150-0 for the bill’s perfection, or initial passage, which normally would be one step in the process toward it being sent to the Senate. In this case, said Seitz, it is a symbolic vote and one he hopes will lead to this change in Missouri law eventually being made.
Missouri legislators passed a package of measures intended to protect victims of sexual and domestic violence and trafficking before the 2022 regular session drew to a close on May 13. Senate Bill 775 contained language sponsored by several House members, and now awaits action by Governor Mike Parson (R).
Representative Hannah Kelly (Photo: Tim Bommel, Missouri House Communications)
“It’s our big legislative win for this session,” said Jennifer Carter Dochler, who was the legislative liaison for the Missouri Coalition against Domestic and Sexual Violence during the regular session.
The bill was handled in the House by Representative Hannah Kelly (R-Mountain Grove), who was glad to see it reach the governor’s desk despite issues in the legislature that created challenges for all legislation this year.
Kelly said of particular importance to her, personally, in SB 775 is the language that establishes the “Sexual Assault Survivors Bill of Rights.” This seeks to make sure victims know their rights regarding the gathering of evidence and related medical exams; access to incident reports; and protections from intimidation and harassment by an attacker.
The Bill of Rights portion is meant to, among other things, give some clarity and guidance to victims, who often find themselves traumatized and with no knowledge of what to do or to whom to turn.
SB 775 also clarifies definitions in Missouri law regarding “sexual contact” and “sexual conduct.” Representative David Evans (R-West Plains) said he dealt with at least one case, during his 28 years as a judge, in which unclear definitions regarding contact with minor victims hindered prosecution.
Representative David Evans (Photo: Tim Bommel, Missouri House Communications)
SB 775 would specify that no persons younger than 18 will be prosecuted for prostitution, and if located by law enforcement while engaged in commercial sexual acts, they will be considered a victim of abuse and referred to the Children’s Division and juvenile officers to receive help. It also eliminates the requirement that a person under 18 and charged with prostitution must prove they were coerced to avoid conviction.
These were provisions found in legislation sponsored by Representative Ed Lewis (R-Moberly), who said the laws regarding these individuals needs to be focused on getting them help.
Other related sections deal with prosecuting those who attempted to engage in sexual acts or pornography-related offenses with individuals under 18.
The bill also contains language sponsored by Representative Lane Roberts (R-Joplin) dealing with orders of protection. It would state that a person with an order of protection against them cannot skip a court date regarding that order and then plead ignorance to knowing it was still in effect. He and Carter Dochler say this defense has often been successful for abusers who would violate an order and then say they didn’t know it was in place because they didn’t attend a hearing.
Roberts has often said that this and other proposals he has filed stem from his time in law enforcement – including as Joplin’s police chief and the director of the Department of Public Safety – and times in his career when he couldn’t help a victim because of how the law was written.
Along that same line, Roberts said a provision in SB 775 that is important to him is one that allows victims to testify via video rather than have to appear in court for a domestic violence proceeding.
Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)
Roberts says too often, a victim is afraid to proceed with prosecution for fear or retribution by their abuser. This provision addresses that fear; specifically that requiring a victim to appear in court creates an instance in which their abuser will know where and when to find them.
With all these issues, legislators have to craft language that protects victims but also allows for due process for those who are accused. Evans believes with SB 775, Missouri gets closer to finding the right balance between those considerations, “and again that’s one thing I really enjoy doing, is balancing the rights of those that are charged but making it absolutely clear to protect the victims of the crimes as well. I think we’re getting there.”
SB 775 includes several other provisions, including those that would make it a crime for any coach of minors to abuse a minor, whereas currently law speaks only to high school coaches; extends protections against the release of a victim’s personal information to include their personal email address, birth date, health status, or any information from a forensic testing report; and further restricts when the prior sexual conduct of a witness or victim in a sexual offense case may be inquired about in a legal proceeding.
The Missouri House voted Wednesday to override Governor Mike Parson’s (R) vetoes of several spending proposals in the state budget, including one aimed at stemming the sexual abuse of children in Lincoln County.
Representative Randy Pietzman (Photo: Tim Bommel, Missouri House Communications)
The Senate did not concur on those overrides and allowed the governor’s actions to stand, and those proposals to fail.
House members including Lincoln County representative Randy Pietzman (R-Troy) took to the floor expressing anger and frustration that Parson rejected $300,000 to fund a 3-year pilot program that would’ve hired investigators, a prosecutor, and staff to address an increase in sex offenders in the region.
Pietzman directed his criticism squarely at the governor, saying this was a plan he and others in the county worked for years to develop. The governor has said that a federal grant program can be used to address this issue but Pietzman says that will not work.
The chamber also voted 151-3 to reverse the governor on a $2-million item that included 3-percent pay raises for caseworkers and supervisors in the Children’s Division. These employees deal with abuse, neglect, and other issues facing children in the custody of the state.
Representative Raychel Proudie (Photo: Tim Bommel, Missouri House Communications)
On another vote, the House voted to restore funding for court costs to the owners of certain wedding venues. St. Louis Republican Jim Murphy said these owners were years ago told by the Department of Revenue they did not need to pay sales tax, but years later the Department sent them bills for tens of thousands of dollars in back taxes. Eventually everything was paid back to those owners but the court costs.
How Missouri law dealing with orders of protection defines stalking only covers the following of a person or unwanted communication. Roberts’ proposal, House Bill 292, would broaden it to cover things like the use of cell phones, GPS, cameras, or third parties to observe, threaten, or communicate about or to someone.
The House Committee on Crime Prevention heard from Janice Thompson Gehrke. She about her experience being harassed by her ex-husband, who is now in prison for shooting his ex-fiancé and her boyfriend. This included sending his roommate to her workplace multiple times on the pretense of conducting business, having friends monitor her on social media, and using her information to have her phone spammed with contest and prize offers.
She spoke of another victim who is being harassed through threats on social media, but the law does not allow her to seek an order of protection because, as she put it, “it’s not technically him.”
Roberts has also filed a bill (House Bill 744) that would allow victims to seek a lifetime order of protection against an individual. Orders of protection are only valid for a year at a time. That has been referred to a committee.
He said throughout his career he was frustrated many times that he couldn’t do anything to help a victim of stalking and abuse, but one case frequently comes to mind in which a mother and elementary school-aged child were being abused.
The House has proposed that school districts open up lines of communication with one another to stop employees with a history of abusing students from going from one district to another.
Representative Rocky Miller (photo: Tim Bommel, Missouri House Communications)
The legislation has the support of various child advocacy groups, who told lawmakers that right now, schools cannot share such information about former employees. This often allows individuals with a history of abuse to find jobs in other districts and to abuse more children.
One of Hazelwood Democrat Paula Brown’s previous jobs was in human resources in a school district. She said she was often in a terrible position.
One provision added on the House Floor would require criminal background checks of anyone who volunteers with a school district, if that person will have regular or one-on-one contact with students or access to student records.
Representative David Wood (photo: Tim Bommel, Missouri House Communications)
Another piece added by the full House extends the definition of those who can be found guilty of abuse to include any person who developed a relationship with a child through school, even if the abuse did not occur on school grounds or during school hours.
The bill adds two-and-a-half hours to the training required of new school board members, which would be focused on identifying signs of sexual abuse and potentially abusive relationships between adults and children. It would also require an hour of refresher training, annually.
Finally, the bill requires schools to offer students trauma-informed, developmentally appropriate sexual abuse training for grades six and above. Parents who don’t want their children to receive that training could choose to opt-out of it.
The House voted 150-4 to send the bill to the Senate.
A Missouri representative is proposing that high school students learn about sexual harassment, violence, and consent as part of sexual education. Her legislation will be heard Tuesday night by the House Committee on Children and Families.
Representative Holly Rehder (photo; Tim Bommel, Missouri House Communications)
Sikeston Republican Holly Rehder said the idea behind House Bill 2234 was brought to her by students at the University of Missouri who said they wish they had received such an education. They believe teaching high school students about those subjects could prevent situations that can cause life-changing harm, and Rehder agrees.
Numerous cases have put sexual harassment, sexual violence, and consent in the public spotlight. One of those is the case of long-time USA Gymnastics team doctor Larry Nassar. He was sentenced late last month to up to 175 years in prison for abusing young female gymnasts. At least one of the women who gave a victim impact statement before his sentencing has written a letter in support of HB 2234.
Amanda Thomashow tells lawmakers she realized many of those Nassar assaulted didn’t know they were being abused, at least not at first, and trusted the doctor.
She writes, “more than anything I keep coming back to one particular question: How can we prevent such a tragedy from happening ever again? I have repeated this question in my head, over and over, searching for a way to save others from similar evils. I know there are many answers and I know there is no easy solution when it comes to sexual assault. However, I also know one thing with absolute certainty; we must add consent and sexual violence to basic sexual education curriculum. We need to equip young people with knowledge to protect and empower them, and House Bill 2234 does just that.”
HB 2234 would expand Missouri law on what must be included in sex education materials so that they cover sexual harassment, sexual violence, and consent. It would also seek to define those terms in relation to sex education.
It would define “consent” as, “a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent.”
HB 2234 defines “sexual harassment” as, “uninvited and unwelcome verbal or physical behavior of a sexual nature, especially by a person in authority toward a subordinate,” and defines “sexual violence” as, “causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person’s consent.”
Missouri school districts are not required to have sexual education as part of their curriculum. The bill would require that these new areas be included for those that do.
Rehder said she looks at the issue not just as a legislator but as a mother of three.
