The rights of victims are of the utmost importance; a sentiment shared by billionaire Henry Nicholas. The co-founder of the tech company Broadcom was instrumental in the creation of Marsy’s Law, or California’s Proposition 9: The Victims Bill of Rights; Nicholas advocated for the bill after his sister Marsalee was murdered. Under the law, passed on November 4, 2008, the family members of victims can address the judge and request the judge to deny any further continuances from the defense in a given case. The idea is that drawing out the length of a case adds to the agony victim’s family members must endure.

The State of California Department of Justice points out that Marsy’s Law:

• Protects and expands the legal rights of victims of crime in several areas.
• Gives victims the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution.
• Requires parole boards to notify families of any changes to an offender’s incarceration.
• Grants parole boards more power to deny inmates parole.

Marsy’s Law Nationwide

A team of lobbyists, public relations firms, and high-powered political strategists are working to encourage more states to adopt a victims bill of rights, CBS SF Bay Area reports. Nicholas is using his fortune to make Marsy’s Law a reality, nationwide. While you might think that other states would be excited about protecting the rights of victims, that is not the case.

Some communities are concerned that adopting a victims bill of rights could lead to crippling costs and administrative burdens, the article reports. Opponents argue that victim-notification requirements are costly, and such mandates could be too much for small towns and counties with few resources. Montana passed legislation intended to protect the rights of victims in 2016.

“Our local government does not have enough money to operate and protect victims adequately already. Now we have these unfunded mandates that are coming through Marsy’s Law to local governments without the resources to pay for them,” said Leo Gallagher, county attorney in Lewis and Clark County, Montana.

Montana’s Supreme Court recently struck the bill down in light of problems with the bill’s writing. It’s fair to say that several other states are wrestling with the same issues Montana faced with Marsy’s Law.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in defense of juvenile offenders in California. Additionally, as a victims rights attorney, Katie Walsh helps you pursue justice while acting as a compassionate advocate and trusted confidante. Please contact us today; we can help.

Almost a year ago California businesses that employ 25 or more people were informed that they are required to provide written notice to new employees of his or her rights to take time off for the following reasons:

1. “To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
2. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
3. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
4. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.”

The requirement falls under amending Section 230.1, Assembly Bill (AB) 2337, authored by Assemblywoman Autumn R. Burke in 2016. Subsequently, Governor Jerry Brown signed AB 2337 into law. A sign that California is committed to protecting the rights of the countless victims of domestic assault.

This past August, Assemblywoman Burke was appointed to serve as a member of the California Domestic Violence Advisory Council (DVAC) by the California State Assembly Speaker Anthony Rendon, the Los Angeles Sentinel reports. The DVAC works together with the Governor’s Office of Emergency Services (CalOES) to “ensure the safety and security of all domestic violence victim.”

AB 2337 and Troubling Statistics On Domestic Violence

In addition to informing new employees of their rights, employers must provide the information listed above to any current employee who asks. The aforementioned legislation also protects victims of domestic violence, sexual assault or stalking from being terminated due to work absences.

Unless you have or know someone who has been directly affected by domestic violence, you may not give the subject much thought. One’s life moves forward, despite what is happening in the shadows around you. You are probably unaware of just how prevalent domestic violence is, nor would you be aware the true impact it has on society. Upon accepting the new appointment which she expressed gratitude for, Burke said:

“The grim statistics are shocking – a study by the Center for Disease Control found that women lose nearly eight million days of paid work because of violence inflicted by their intimate partners which is equivalent of 32,114 full-time jobs each year. Additionally, intimate partner violence accounts for 15% of all violent crime, one-out-of-seven women have been stalked by an intimate partner in their lifetime, younger women ages 18-24 are commonly abused by an intimate partner, and women are six times more likely to be killed when there is a gun in the house. That is why I look forward to serving on the DVAC and continuing to promote state policies and support programs that seek to end acts of violence between spouses and domestic partners.”

As an aside: October is Domestic Violence Awareness Month. Which, California has officially observed since 1987, according to the article. “Love Shouldn’t Hurt” is a public awareness campaign sponsored by the DVAC.

Orange County Domestic Violence Attorney

Are you a victim of domestic violence, sexual assault or stalking? Or, do you know someone who has be affected by such troubling crimes? If so, Attorney Katie Walsh can advocate for you or a loved one regarding such matters. At the Law Offices of Katie Walsh, we can help both inside the courtroom and out, navigating the both the court process and in finding appropriate counseling services. We work closely with a number of experienced counselors, social workers and therapists. Please contact us today, we can help.

For a moment, we would like you to imagine a teenage girl who experienced a traumatic event. Rape. Imagine now that it was someone you knew or was close to you. What might you expect to be done about it? If you are in any way familiar with the criminal justice system, or have a penchant for TV crime dramas, some things probably come to mind. First move, alert the authorities.

After which, the victim must undergo the arduous task of reliving the event when giving a statement. Describing the offender (if they are unknown to the victim), in an effort to give authorities a chance of arresting the sex offender. You are also probably aware of the term “rape kit.” A victim is swabbed for the offenders bodily fluids in an attempt to gather DNA evidence. But, what then?

You might think that the rape kit would be tested and the reading then submitted to a database. Makes sense, right? Sex offenders often strike more than once and often times leave behind trace evidence. It may come as shock to learn that not all rape kits are tested. Even more shocking are the reasons why.

Testing Rape Kits

Every day in the United States, young men and women are sexually assaulted. Many of whom are still teenagers. There are procedures in place to help victims receive some justice. But, more times than not, offenders seemingly get away with their crimes. And in many cases, such offenders could have been stopped before they rape again. The reason why some offenders are able to rape, and then rape again is due to various law enforcement agencies failing to test rape kits, Los Angeles Daily News reports. The reasons why rape kits go untested could be due to:

• The case is solved or cleared.
• Officers may regard it as a low priority.
• The financial costs of testing can be upwards of $1500.

It is likely that the latter two reasons turned your stomach, more than a bit. To think that an alleged rape would be a low priority, or too costly to be tested. But, that seems to be the case. In fact there is evidence of at least 9,000 untested kits in California, according to the End the Backlog Initiative. A number that is sure to be much higher. Not testing rape kits can have unintended consequences years later.

One such case, involving Helena Lazaro, who was repeatedly raped at the age of 17, saw what happens first hand. At the time of the incident, she had a rape kit performed that she assumed would have been tested and logged. Years later when she identified her attacker, not only was the statute of limitation expired, it was revealed that her rape kit had never been tested by the Los Angeles County Sheriff’s Department. Lazaro’s story is not an isolated occurrence; there is evidence of this kind of thing happening across the country.

“I think about that 17-year-old girl, the 25-year-old girl, the 30-year-old woman – all the versions of myself who have suffered,” Lazaro says. “That suffering could have ended much sooner.

• Rape Kit Backlog Voluntary Tax Contribution Fund

In an attempt to direct financial resources to police and Sheriff’s Departments for rape kit testing, a bill was introduced that would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Rape Kit Backlog Voluntary Tax Contribution Fund (AB-280). While the bill’s author, Democratic Assemblyman Evan Low, says this is “not the ideal nor perfect solution.” Adding:

“I am in agreement that we as a state and public jurisdictions should adequately fund this for justice to be obtained. But, that’s not the reality.”

Serving the Victim, Representing the Victim

Crime victims have many rights that they may not be aware of. Don’t get lost in the justice system. Attorney Katie Walsh is a victim’s rights attorney. If you have questions regarding your own case or that of one of your loved one’s, then contact Attorney Walsh.

No matter which state you live in, most people would probably agree that sex crimes are some of the most heinous. Some may even argue that the damage caused by sexual assault, molestation and rape have lasting effects on victims that could be considered worse in many ways than that of murder. Everyone has different opinions, to be sure, yet it is hard to not see the value in keeping track of people who may be apt to commit sex offenses again.

In the United States, every state has some form of registry that convicted sex offenders are required by law to submit information about where they are residing. The public can access the registry to determine if there is anyone in their neighborhood that may be cause for concern. In California, there is a law in place enacted in 1996 that mandates the California Department of Justice (CA DOJ) to inform the public about specified registered sex offenders and about those individuals posing a risk to public safety.

California’s Megan’s Law came about in the wake of the rape and murder of seven-year-old Megan Kanka. The perpetrator was a known offender who moved across the street from Kanka’s family. Sex offender legislation, like the registry requirement and Megan’s Law, arguably have protected countless families from tragedy. However, there have been some concerns of late that some sex crimes are more severe than others, and that the lifelong registry requirement may be extreme in some cases.

A new bill has been introduced in California that would bring about a sex offender tier system, CBS 2 reports. Those below would potentially be able to be removed from the database. A spectrum with 1 being the least severe and 3 being the worst. If passed, offenders who fall into tier three would be in the registry for life, whereas people in tier 1 would be on the list for 10 years and tier 2 for twenty years. While the law seems pretty simple, if passed it would mean that the State would have to go back and review each offender’s case to determine which tier they should be on. As you can probably imagine there are a number of Californian’s who are not fans of SB 421.

“So if they’re on there for 10 years, after the first year of being on there they can petition to be taken off. They would go to the law enforcement and then they forward it to the district attorney’s office who writes it to be taken off. So someone who is a tier 1, which means possession of child porn or lewd acts with a child under the age of 14 or selling a minor for illegal acts, those are tier 1 offenses. That’s ridiculous,” said Mika Moulton, who is with the organization Christopher’s Clubhouse. SB 421 is still in the preliminary stages.

If you or loved one needs an attorney to understand the current laws and the proposed legislation and how it may impact you or a family member, remember to contact Attorney Katie Walsh. Ms. Walsh and her team will communicate with you and answer all your questions.

Last week was National Crime Victims’ Rights Week (NCVRW), April 2 through the 8th, with the theme of—Strength. Resilience. Justice. The goal is to inspire communities to raise awareness about victims’ rights and address the unmet needs of such victims.

With that in mind, it is timely given that the California Assembly Public Safety Committee unanimously passed The Sexual Assault Survivors Bill of Rights (Assembly Bill 1312), East County Magazine reports. The legislation, authored and introduced by San Diego Democratic Assemblywoman Lorena Gonzalez Fletcher, would require hospital and law enforcement to inform sexual assault victims about their rights before undergoing medical examination and/or interviews.

Millions of Californians have been sexually assaulted and/or raped, both adults and minors alike. It takes extreme courage to come forward and report such malicious acts. Such people need not only the support of the community, but also that of lawmakers, law enforcement and medical professionals.

“California needs to do a better job of helping sexual assault victims navigate all of the legal, medical and personal issues that survivors have to deal with, and it starts with a Sexual Assault Victims bill of rights that ensures each survivor is informed about their rights and the resources that are available to them before they are examined,” said Assemblywoman Gonzalez-Fletcher. “Victims have rights, and this new law will strengthen those rights to include emergency contraception for women and a ban on police departments prematurely destroying rape test kits.”

On top of being given an outline detailing a victim’s rights, Assembly Bill 1312 would grant survivors:

• The right to request a person of a certain gender be present during interviews.
• The right for a copy (gratis) of law enforcement reports on the case.
• The right to free contraception and a shower (when available) after the medical exam.
• The right to a separate waiting room from the defendant during criminal proceedings and at the district attorney’s office.

“For rape survivors like myself, these civil rights in California mean the difference between justice or lost justice,” stated Amanda Nguyen, California native, founder and president of Rise, a national civil rights nonprofit. “California survivors must have equal rights under the law. With the support from state legislators, we can help pass new laws that will end these injustices and protect the 2 million rape survivors in California.”

The legislation would require law enforcement to keep rape test kits for 20 years.

If you are the victim of any form of sexual assault or rape, please contact the Law Offices of Katie Walsh. We understand how difficult this process can be and we are here for you.

While human trafficking is something that the majority of Americans only know of via Hollywood, it is in fact a tragic occurrence that happens all over the world. What’s more, while the practice of forcing teenage and young adult women into sexual slavery may be more commonly associated with overseas practices, it is something that occurs right here in the United States—even in the Golden State.

In an effort to help victims of the child sex and labor slave trade in California, Governor Jerry Brown signed a number of bills into law that would decriminalize prostitution and help protect victims, The Los Angeles Times reports. The idea is as follows: Somebody forced into sexual slavery cannot be held accountable for their actions in a court of law, the same way as someone who chooses to solicit.

One of the bills the Governor signed was Senate Bill 1322, a piece of legislation authored by Senator Holly Mitchell (D-Los Angeles), according to the article. SB 1322 makes it so adolescents are no longer subject to crimes of solicitation and loitering with intent to commit prostitution. Both offenses are misdemeanors under California law. After the signing, Senator Holly Mitchell wrote on Twitter:

Thank you @JerryBrownGov for signing SB 1322 and showing that California loudly states that “There is no such thing as a child prostitute!”

What’s more, Governor Brown also decriminalized prostitution with the stroke of his pen last week. Additionally, the new legislation allows victims of human trafficking to have the previous prostitution convictions vacated and their records sealed. As you may have imagined, while such legislation makes sense, there are a number of people who are opposed to the new laws.

Another bill which is still under review is Senate Bill 1129, introduced by Bill Monning (D-Carmel), the article reports. If passed, SB 1129 would end mandatory minimum sentences for certain prostitution offenses.

Katie Walsh is an attorney in Orange County, California. Attorney Walsh concentrates her law practice on juvenile defense, criminal defense, and victim’s rights.

Contact the Law Offices of Katie Walsh online or at (714) 351-0178.