Bill requires universities to report assaults to police

The University of Delaware and other Delaware universities will have to report incidents of sexual assault to law enforcement agencies outside of the college under legislation proposed by a bi-partisan group of women legislators.

The measure, which has yet to be introduced, also would require that the state Department of Justice publish statistics annually on sexual assault incidents on college campuses. Rep. Kim Williams, D-Newport, House Majority Leader Valerie Longhurst, D-Delaware City, and Sen. Karen Peterson, D-Stanton, plan to sponsor the legislation.

The additional layer of reportage on the state level would complement the two federal statutes that govern sexual assaults campuses – Title IX, which bans gender discrimination at universities, and the Clery Act, which requires universities to publicly disclose crime data on and near campus.

Currently, sexual assaults reported to university employees in a position of trust must be forwarded to the university's Title IX coordinator. Under the proposed legislation, the reporting employee would have to tell campus police as well as the coordinator. Campus police would report incidents to DOJ and the law enforcement agency with jurisdiction.

Sexual assault victim advocates, professional counselors and clergy are exempted from the law enforcement reporting requirements.

The new proposals are modeled on rules enacted after the arrest of Earl Bradley, the Lewes pediatrician who was convicted in 2011 of raping nearly 100 patients.

"We're sending our children ... to a new home for two or four or six years," Williams said. "You want to make sure that they are safe and I think this is a topic that needs to be discussed."

Advocates for sexual assault victims have concerns the new legislation would deter victims from coming forward.

"Honestly, this is one of the most harmful pieces of legislation that you could put in place," said Sage Carson, a UD sophomore and member of a university commission charged with improving the school sexual harassment and assault policies.

Victims are typically apprehensive to speak out about assaults, and knowing that it could automatically end up with authorities could be a major deterrent, she said.

"Many people aren't even comfortable sharing their story with a friend, let alone someone with authorities," Carson said. There is a planned provision in the legislation that would allow victims to opt-out of wanting to file charges.

The proposed legislation comes as a national spotlight has focused on sexual assault on college campuses. Seven months ago the U.S. Department of Education publicly disclosed that more than 100 universities were under investigation for potentially violating Title IX. The University of Delaware was included in the list and remains under investigation. Details of the off-campus incident that prompted the investigation have not been disclosed.

University of Delaware spokeswoman Andrea Boyle in an email said they look forward to "reviewing the proposed bill, with hopes that any enacted legislation will respect victims' wishes about reporting sexual assault incidents."

Campus officials say an increased dialogue and stricter reporting guidelines has led to an increase in sexual assaults reported to UD police last year. In 2013 three cases were reported, compared to eight last year. But there are still concerns that the numbers reported are low and not an accurate picture of incidents. Many victims do not report attacks.

Carl Kanefsky, a spokesman for Attorney General Matt Denn's office, said in an email that Denn is supportive of "efforts to ensure that incidents of sexual assault are properly reported, investigated, and prosecuted and will work with the sponsors as the bill is introduced."

"DOJ works with law enforcement to investigate every allegation of sexual assault that is reported to us, and then makes prosecution decisions after ascertaining the facts, and would continue to do so," Kanefsky said.

The group of legislators introduced that bill and 10 others focused on women's issues Tuesday afternoon. Other measures include additional sexual assault training for law enforcement, a 12-week paid maternity and paternity leave for public employees, and a joint resolution that mandates the Department of Justice oversee an audit of all untested and un-submitted sexual assault kits in Delaware.

"As a mother of a college-aged daughter, I can speak for many of mothers up here who want their daughters and all of women to no longer experience gender bias, or violence, and to have more opportunities to succeed and have a higher quality of life," Longhurst said.

Contact Jon Offredo at (302) 678-4271, on Twitter @jonoffredo or at joffredo@delawareonline.com.

• Safety on college campuses, sexual assault reporting: This bill would require universities to follow mandatory reporting procedures for sexual assaults to law enforcement

• Sexual Assault Training for Law Enforcement: Under this bill, new police officers would receive victim-centered, trauma-informed and offender-focused sexual assault training.

• Advocate Confidentiality: Legislation would state that counselors and advocates may not disclose certain victim communications without written consent.

• Title IX Coordinator Listing: The bill adds to the existing Education Profile reports compiled by the state Department of Education the name and contact information for a federal Title IX coordinator for every public school, including public institutions of higher learning.

• Remote Testimony: The legislation would allow, at a judge's discretion, for a victim or witness to appear at required court proceedings and give testimony via video conference from a separate location.

• Statewide Rape Kit Audit: A joint resolution would mandate that the Department of Justice oversee an audit of all untested and un-submitted sexual assault kits in Delaware.

• Family Leave for Public Employees: Under the legislation, full time public employees would be eligible for 12 weeks of maternity or paternity leave after one year of employment. New parents would be eligible for leave for up to one year after the birth of the child.

• Safety Leave: This legislation would protect employees by guaranteeing them the right to take leave based on circumstances of domestic violence, stalking or sexual assault and specifying that taking such leave is not grounds for termination or discrimination.

• Equal Pay for Equal Work in State Contracting: The measure would mandate that any company awarded a state contract certify that it engages in fair wage practices and will provide its employees with equal pay for equal work, regardless of gender.

• Breastfeeding Accommodations for Jury Duty: This bill would allow mothers who are currently breastfeeding their children to have their jury service postponed by the courts.

• Postpartum Depression Resources and Education: This legislation would require physicians to educate prenatal patients and families on the warning signs and symptoms of postpartum depression.