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House committee backs broader definition of sexual history for rape victims

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On Wednesday, April 26 a House committee voted in favor of a SB 9, bill that writes a broad definition of what qualifies as a victim's sexual history. 

State law already forbids the defendant in a rape case from using evidence about a victim's prior sexual activity with other people. However, last year convicted murderer Seth Mazzaglia tried to use evidence about his victim's sexual history in an appeal. This prompted the legislature to introduce SB 9, which clarifies that the state Supreme Court must rule on the relevance of any evidence about a victim's sexual history before that evidence can be used in an appeal.

SB 9 also adds a definition of prior sexual activity to include "any conduct or behavior relating to sexual activities of the victim, including but not limited to, previous or subsequent experience of sexual penetration or sexual contact, sexual predisposition, thoughts or expressions related to sexual issues, use of contraceptives, sexual activities reflected in medical and counseling records, living arrangements, and lifestyle." Prior sexual activity is not defined in the current law, giving judges more discretion.

Bill opponents believe this definition is far too broad, infringing on defendants' rights. They argue that judges already effectively exercise their power to exclude details of a victim's prior sexual activity. After all, Seth Mazzaglia did not succeed in introducing any information about the sexual history of Lizzi Marriott, his victim.

Bill supporters include Gov. Chris Sununu and the family of Lizzi Marriott. They argue that the current law is not clear about what parts of a victim's sexual history are fair game.

"I encourage legislators to support Senate Bill 9, as passed by the Senate, to help ensure another family does not go through the painful and lengthy legal battle the Marriott family has had to undertake to protect their daughter’s privacy," Sununu said in a statement

Do you support SB 9? Share your opinion in the comments.

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