BILL REQ. #:  H-1636.1 

READ FIRST TIME 02/02/07.   

     AN ACT Relating to sexual assault protection orders; and amending RCW 7.90.005, 7.90.030, and 7.90.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 7.90.005 and 2006 c 138 s 1 are each amended to read as follows:
     Sexual assault is the most heinous crime against another person short of murder. Sexual assault inflicts humiliation, degradation, and terror on victims. According to the FBI, a woman is raped every six minutes in the United States. Rape is recognized as the most underreported crime; estimates suggest that only one in seven rapes is reported to authorities. Victims who do not report the crime still desire safety and protection from future interactions with the offender. Some cases in which the rape is reported are not prosecuted. In these situations, the victim should be able to seek a civil remedy requiring that the offender stay away from the victim. It is the intent of the legislature that the sexual assault protection order created by this chapter be a remedy for victims who do not qualify for a domestic violence order of protection.

Sec. 2   RCW 7.90.030 and 2006 c 138 s 3 are each amended to read as follows:
     (1) A petition for a sexual assault protection order may be filed by a person:
     (((1))) (a) Who does not qualify for a protection order under chapter 26.50 RCW and who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration, including a single incident of nonconsensual sexual conduct or nonconsensual sexual penetration; or
     (((2))) (b) On behalf of any of the following persons who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration and who does not qualify for a protection order under chapter 26.50 RCW:
     (((a))) (i) A minor child;
     (((b))) (ii) A vulnerable adult as defined in RCW 74.34.020 or 74.34.021; or
     (((c))) (iii) Any other adult who, because of age, disability, health, or inaccessibility, cannot file the petition.

Sec. 3   RCW 7.90.110 and 2006 c 138 s 12 are each amended to read as follows:
     (1) An ex parte temporary sexual assault protection order shall issue if the petitioner satisfies the requirements of this subsection by a preponderance of the evidence. The petitioner shall establish that:
     (a) The petitioner has been a victim of nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent; and
     (b) There is good cause to grant the remedy, regardless of the lack of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.
     (2) If the respondent appears in court for this hearing for an ex parte temporary order, he or she may elect to file a general appearance and testify. Any resulting order may be an ex parte temporary order, governed by this section.
     (3) If the court declines to issue an ex parte temporary sexual assault protection order, the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte (([temporary])) temporary order shall be filed with the court.
     (4) A knowing violation of a court order issued under this section is punishable under RCW 26.50.110.