HJAR Nov/Dec 2024

DIALOGUE 20 NOV / DEC 2024 I  HEALTHCARE JOURNAL OF ARKANSAS Sen. Barrow Rape, which includes forced sexual intercourse or any act performed against someone without their consent; child molestation; sexual acts with a child including any inappropriate sexual behavior, which is really important because a lot of times that can be left to interpretation, but this makes it very clear; sexual battery; indecent behavior with a juvenile; and solicitation of a minor and other related offenses. Pornography with minors is another one that we went back and forth on but that is very clear to me. We did get it there, but that was one of those that we went back and forth with in terms of how that is determined, what factors are used, what the information is. What I wanted to do was leave enough discretion that judges can tell because when someone is in your court, you can tell by their body language, eyes, all those things, howmuch is actually true. I don't care what people say — the body will defy you every time. You could say one thing, but your body is going to tell the real story, and judges can tell. So, I wanted to make sure that I left dis- cretion with judges so that they can pick up on what may not be written or stated. All of these descriptions of how an indi- vidual can fall under this law are in current law, and the judge can make the determina- tion that they can be surgically castrated — I need to say “surgically”because we already have chemical castration, which has not been utilized and which is another concern. Editor Oh, interesting. Sen. Barrow Yeah, that's what I said, too. Editor How is childhood sexual abuse proven? If a child says, “Someone touched me here,” how is that proven in a court of law? Sen. Barrow I'm not an attorney, but as I understand it, there is a series of things that happens before an individual can be charged. A child goes to a doctor, sees a psychologist or someone who's able to evaluate their testimony. From there, they are able to determine whether or not it's true. One of the things that really bothers me is the fact that the proof of what actually happened ends up really being the burden of the child — of a victimmore than the per- petrator. There's so much credence given to what the perpetrator said versus what the victim said that you have a hard time prov- ing it. There are cases that are really solid. I will tell you, victims have been through a lot. That, within itself, needs to change. Peo- ple will say, “Well, if a 5-year-old makes a description of something, there are certain things that at 5 years, they're not going to know … 8-year-olds are not going to know … 10-year-olds are not going to know, unless it has happened to them.”Oftentimes, to be able to prove that is very difficult. It's my understanding there's a series of things that happen. They go to the doctor and there's the physical evaluation, which to me should be enough within itself, but sometimes it's not. Then, they have to go through the psychological evaluation as well to be able to prove that it did happen. Then, you have to have the attorneys. Our system still needs a lot of help because I feel that oftentimes, too many of our children still don't get the voice that they need. We don't pay our attorneys, our public defend- ers, enough money to be able to defend these cases. They change often. A person can be in the court system forever, and most people, depending on the age, par- ents included, just don't want to deal with the trauma of it so then they let the case go because it's taking too long to get through the process. Editor There's a lot said about how we are retraumatizing victims, especially of sexual assault. I would think, especially with children, that we could get a lot of people who need testimony in the same room or watching behind glass and being Editor T hank you, Sen. Barrow. Will you please explain Louisiana SB 371 in your own words? Senator Regina Barrow Senate Bill 371 is a bill to address sexual assault toward children the age of 13 and under. The bill came about as a result of many years of being in this arena and hearing many awful cases of children who have been assaulted. Oftentimes, children don't have the voice to articulate what is happening to them, and one of the things that I have learned is those individuals who commit these crimes often commit them over and over again until they are caught. Every time I see the stats, 1 out of 4 girls, according to the CDC, and 1 in 20 boys have been sexually assaulted. I believe those numbers are still inaccurate because of how many of them actually report. I think the numbers among males is higher because they are oftentimes afraid or embarrassed to actually share their encounters. But my bill came as a result of my many years of serving in the legislature prior to being elected. I worked for a counselor where I saw a lot of horrific cases in chil- dren who were wards of the state. The bill will allow judges to determine whether or not an individual should be castrated. This applies to both males and females — I've gotten that question a lot. It would require that [the offender] who is found guilty go through an observation with the medical society, and if it is deemed that they can sustain the castration, then it can be ordered and done. The bill would also allow the individual to be able to serve a longer sentence in lieu of getting castrated. Editor Three to five years? Sen. Barrow Yes. Editor Can you define the sexual offenses that are covered by the bill?