Governor urged to put sexual assault bill on agenda

Jan. 11—Supporters of a bill that would require state-funded public schools and universities to adopt policies making "affirmative consent" the standard for sexual activity urged Gov. Michelle Lujan Grisham on Monday to include the proposal on the agenda of the upcoming legislative session.

The bill also calls on schools and universities to adopt "trauma-informed responses" for investigations into allegations of sexual assault and other violence.

In addition, the bill would require high schools to include affirmative consent in a health education course required for graduation. Affirmative consent is defined as an "affirmative, conscious and voluntary agreement to engage in sexual activity."

State Rep. Liz Thomson, D-Albuquerque, has tried unsuccessfully to get the affirmative consent bill passed in two previous sessions. The proposal has received support from lawmakers, including passage in the House last year, but it hasn't been able to cross the finish line.

Thomson, who is once again the lead sponsor of the bill, said she hopes this will be the year it reaches the governor's desk.

The 30-day session, which begins Jan. 18, is focused on the state budget for fiscal year 2023, which begins July 1, but the governor has the authority to place other business on the call.

Lawmakers are expected to consider several crime bills during the session, and Thomson said her proposal is one of the few bills, if not the only one, that's preventive.

"Not only will it prevent crimes, it will prevent destruction of lives [and post traumatic stress disorder] of young people," Thomson said during a virtual news conference. She added she is a survivor of childhood sexual assault and date rape in college.

Nayomi Valdez, public policy director for the American Civil Liberties Union of New Mexico, said prevention is imperative in the fight to reform the criminal justice system.

"All too often we avoid talking about sexual violence because it's uncomfortable or because it's scary," she said. "But like so many of the issues that we face today ... the first step in addressing it is discussing it."

Alexandria Taylor, deputy director of the New Mexico Coalition of Sexual Assault Programs, called sexual violence in New Mexico a crisis.

"Over the past several years, data has shown that New Mexico ranks seventh for sexual assault and rape," she said, citing FBI statistics. "We know that 41 percent of reported sexual assaults in New Mexico are children under the age of 18. That means one in four girls and one in six boys in New Mexico experienced sexual violence prior to reaching their 18th birthday."

In addition to advocating for the bill, Taylor and others urged the Legislature to increase sexual assault service funding by $5 million as proposed in the governor's budget. The Legislative Finance Committee is recommending a $2.3 million increase.

Funding for sexual assault services in the state is now about $4 million, and the additional $5 million in funding would be for sexual assault nurse examiners, treatment providers, children's advocacy centers, tribal services and a statewide sexual violence hotline.

The request for additional funding comes amid reductions in federal dollars.

Taylor said 27 of New Mexico's 33 counties lack adequate sexual assault services.

"In parts of our state, a survivor may need to travel three hours or a nurse may need to travel three hours to provide critical care after an assault," she said. We also are experiencing in parts of our state a 12- to 17-month waitlist for counseling services, so we believe it is urgent to address this gap in funding and resources."

13th Judicial District Attorney Barbara Romo said the No. 1 reason sexual assault survivors don't follow through with the prosecution process is because they're "revictimized" by the criminal justice system.

"Part of that starts at the beginning when they don't get the resources and the support that they need," she said. "If anything is going to interrupt a victim's want or desire to participate, it's going to be the inconvenience or the unavailability of resources."

Follow Daniel J. Chacón on Twitter @danieljchacon.

Follow Daniel J. Chacón on Twitter @danieljchacon.