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A measure that would make conversations between sexual assault victims and campus advocates confidential could have potentially troubling ramifications, Rep. Karianne Lisonbee said Tuesday — especially in the case of an alleged serial rapist.
"This seems to shut the door between the victim and the advocate," said Lisonbee, R-Clearfield. "At what point does the university have liability if there's five young ladies that have been raped by the same man and the advocate knows ... what happens when there's a sixth?"
But proponents of the legislation, sponsored by Rep. Angela Romero, D-Salt Lake City, argued that protecting such communication would increase formal reporting by putting the victim in the driver's seat.
"Research has shown that once victimization occurs, the need to regain autonomy and control over one's body ... and the decisions that must be made relative to the assault — including whether and how to assist with a criminal prosecution — are often essential to recovery," said Stephanie McClure, director of Weber State University's Women's Center, at Tuesday's House Judiciary Committee hearing.
The committee unanimously approved the measure after more than an hour of discussion. A similar measure was signed into law in Oregon in 2015 and officials from that state say it has increased formal reporting.
Under HB251, advocates who have finished at least 40 hours of trauma-informed training can become a confidential advocate — which means they can disclose information about an alleged victim's attack only in certain instances. Those would include cases when a victim gives informed, written consent; the victim is a minor; the disclosure is required under federal law or is sought under subpoena.
The two most relevant federal laws — Title IX, which requires universities to swiftly resolve complaints of sexual violence, and the Clery Act, which deals with campus safety — specify which university employees must report details to school officials, said S. Daniel Carter, a campus security consultant.
Romero's legislation would not make communication with these advocates "privileged," he said, which is an exception recognized by federal law for counselors and priests, for example.
Rather, federal law would classify them as a "non-professional" counselors, he added, meaning they would need to alert school officials if there is an immediate threat to the safety of students.
"Survivors relying upon these 'confidential' services will need to have this distinction made very clear so they can make informed decisions about how to proceed," Carter said.
James Morales, vice president of student affairs at Utah State University, spoke in favor of the measure Tuesday, saying it struck the "right balance" between a victim's right to privacy and the need to report.
Universities across the state have a patchwork of policies regarding their victim advocates, but Morales said the school's Sexual Assault and Anti-Violence Information office, created in 2003, is a confidential resource and shows why such an avenue is important.
"Students receive the guidance they need and are clearly ... taught about their options for pursuing action," Morales said.
But Rep. Dixon Pitcher questioned whether the measure would impede the university's ability to respond to multiple sexual assault allegations against the same student, noting recent reports of such problems at USU.
USU is being sued by Victoria Hewlett, who was a student in 2015 when fellow student, Jason Relopez, sexually assaulted her. The suit alleges the school's SAAVI office was aware of multiple sexual assault allegations against Relopez more than a year before he was charged by Cache County prosecutors.
Relopez was sentenced to a year in jail in May after admitting to sexually assaulting Hewlett and another student, Morgan Klinkowski.
USU's SAAVI office also was aware of multiple sexual assault allegations against then-student Torrey Green in 2015. Green has since been charged in seven alleged sexual assaults between November 2013 and November 2015.
Morales said the measure wouldn't change victims' ability to go to SAAVI to learn about their options for pursuing investigations by police or university officials.
Romero said her goal is to "get people to disclosure" about their assaults.
"Some people who are victims may not go to law enforcement and that's their choice," Romero said. "My concern is to protect the victim and help them heal and move forward and that they can take the direction they need to."
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