The State of Domestic and Sexual Violence Legislation

Advocates and supporters joined Oregon Governor Kate Brown for the ceremonial signing of House Bill 3476

The 2015 Legislative Session has generated productive discussion and new protections for survivors of domestic and sexual violence in Oregon. In fact, this flurry of activity can make it difficult to keep track of relevant measures!

Below, find a roundup of legislation related to domestic violence and sexual assault. Governor Kate Brown signed the majority of these bills into law by during the month of June, and they cover everything from restraining order violations to the distribution of images not intended for public view.

Victim-Advocate Privilege

This important bill, HB 3476, ensures the privacy of survivors of domestic and sexual violence when they are receiving services.  Under this bill, information discussed with a certified advocate can only be shared with the permission of the person seeking support.

Representative Ann Lininger, who championed the legislation as the bill’s chief sponsor, noted the importance of giving people who have experienced violence control over how they get help. Governor Brown signed this bill into law on June 4, 2015 and it took effect that same day.

Attempted Contact with Victims of Domestic and Sexual Violence

Governor Brown signed another bill on June 4, 2015 that increases legal protections for victims of domestic and sexual violence. HB 3466 expands the current requirements for court orders related to defendant-victim contact in domestic violence and sex crime cases. It states that court mandated no-contact orders in such cases must also explicitly prohibit attempted contact, both in person and through third-party friends or family members.

Emergency Protective Orders

HB 2776, with an effective date of January 1, 2016, will allow peace officers to apply for emergency protective orders with victims’ permission. A circuit court can then enter the order without all of the parties being present if it finds probable cause that abuse occurred.

This bill is meant to increase protections for survivors by expediting the process of granting protective orders in cases where peace officers have cause to believe that a person is in danger.

Restraining Order Violations

This bill, signed by the Goveror on June 22, 2015, is also meant to better protect survivors of domestic violence. SB 3 make it a crime to violate restraining orders granted under the Family Abuse Prevention Act.

Upskirting and Downblousing

The invasive practices of surreptitiously recording images of intimate areas are colloquially known as “upskirting” and “downblousing.”  This bill closes a loophole in Oregon’s personal privacy laws, making it illegal to take such images. HB 2596 took effect on June 10, 2015 immediately upon signing.

“Revenge Porn”

SB 188, signed on June 11, 2015, bans the sharing of intimate images without the consent of the person represented. “Revenge porn” refers to the distribution of sexual or nude images, often taken in the course of a relationship, with an intention to cause harm or humiliation.

This bill classifies the online distribution of such images as a misdemeanor and stipulates felony charges for any subsequent convictions for the same behavior.

Domestic Violence Firearm Restriction

This Oregon bill, SB 525, signed by Governor Brown on June 18, 2015, echoes federal legislation that prevents firearm possession in the case of a domestic violence conviction. Local law enforcement will be able to confiscate firearms from individuals who are party to a restraining order or convicted of domestic violence-related crime.

Extending Statute of Limitations for Sexual Assault

HB 2317, which Governor Brown signed on June 16, 2015, extends the statute of limitations for sexual assault cases from six to twelve years. Survivors have continued their strong advocacy for a further extension or elimination of the statute of limitations for sexual assault cases. Lawmakers said that they will convene a work group next year to consider the options.

Assistance for Victims of Sexual Assault

SB 503  relates to the assistance granted to victims of sexual assault by the Department of Health and Human Services. Clackamas Women’s Services Assistant Program Manager, Erin Henkelman, testified in support of this bill which would increase grant amounts and make temporary assistance for victims easier to access. It would also fully fund previous legislation that placed co-located domestic violence advocates in child welfare offices.

SB 503 was referred to the Joint Committee On Ways and Means on March 6, 2015, where it is under consideration.

As the Regular Session of the Oregon Legislature winds down over the next few weeks, we will continue to monitor bills that relate to survivors of domestic and sexual violence.

We thank Oregon lawmakers for making critical changes to improve our response to the issues of domestic violence and sexual assault throughout the state. Here at CWS, we look forward to continuing our work of self-empowering survivors in a climate of increased protection and support.