A bill to help sexual assault victims seek civil remedy heads to the House floor

A bill about seeking civil action against a perpetrator of sexual assault cleared the House Judiciary Committee Saturday. HB 172, Abatement of Assault and Battery, would enable victims of sexual assault to continue a civil lawsuit if the alleged perpetrator of the assault should die before the court case reaches its conclusion. The bill is […]

A bill to help sexual assault victims seek civil remedy heads to the House floor

A bill about seeking civil action against a perpetrator of sexual assault cleared the House Judiciary Committee Saturday.

HB 172, Abatement of Assault and Battery, would enable victims of sexual assault to continue a civil lawsuit if the alleged perpetrator of the assault should die before the court case reaches its conclusion. The bill is sponsored by state Rep. Andrea Romero, D-Santa Fe. 

Expert witness Linda Hemphill, a Santa Fe attorney, said she represents childhood victims of sexual assault and a “loophole” in New Mexico statute enables district court judges to decide to abate a civil suit if the alleged perpetrator dies before the conclusion of the case. She said that during the pandemic, a school administrator already convicted and in prison was reportedly ill with COVID-19 and his victims were not sure if their civil case against him would proceed if he died. Hemphill said the man survived but it placed the victims in the uneasy position of having to pray for the health of the man who had sexually assaulted them.

“It takes tremendous courage to file a lawsuit. It’s even more devastating to bring a lawsuit, then have the accidental death of the perpetrator to lead to that case be dismissed,” Hemphill said.

Minority Floor Leader T. Ryan Lane, R-Aztec, said “this makes complete sense.” State Rep. Eliseo Lee Alcon, D-Milan, asked about expanding the language to other court systems, such as municipal court.

“This is where the conflict is, in regards to those courts,” Romero said. “The rest of the statute is clear. These types of cases would carry on. It’s just in relation to the magistrate.”

The committee gave a do pass to the bill which heads next to the House floor.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Both Republicans and Democrats skeptical of guv’s proposals for special session

Both Republicans and Democrats skeptical of guv’s proposals for special session

A representative from Gov. Michelle Lujan Grisham’s office outlined on Thursday the bills the governor’s office will back during the upcoming special session, but…
Senators throw support to embattled Ivey-Soto

Senators throw support to embattled Ivey-Soto

By Justin Horwath, New Mexico In Dept Sen. Daniel Ivey-Soto is running for a fourth term despite the state Democratic Party’s decision to censure…
AG announces legislative priorities for upcoming special session

AG announces legislative priorities for upcoming special session

Attorney General Raúl Torrez announced on Thursday his legislative priorities for July’s special legislative session, including the creation of a crime victim’s unit to…
SCOTUS rejects proposed resolution to Rio Grande water dispute

SCOTUS rejects proposed resolution to Rio Grande water dispute

In a 5-4 decision, the U.S. Supreme Court rejected a proposed settlement that would have ended the more-than decade-long dispute between Texas and New…
FWS says two Rio Grande fish do not warrant listing under Endangered Species Act

FWS says two Rio Grande fish do not warrant listing under Endangered Species Act

The U.S. Fish and Wildlife Service found that two fish species found in New Mexico do not meet the criteria for listing them as…
Want to know what Albuquerque’s climate might be like in 2080? Head to Roswell

Want to know what Albuquerque’s climate might be like in 2080? Head to Roswell

Thanks to climate change, the Albuquerque of the future may feel a bit more like present-day Roswell. That’s according to a new web app…
Stansbury outlines funding secured for early childhood and youth services programs

Stansbury outlines funding secured for early childhood and youth services programs

U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding. Stansbury,…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Heinrich questions FDA leadership on baby formula safety, mifepristone

Heinrich questions FDA leadership on baby formula safety, mifepristone

U.S. Food and Drug Administration Commissioner Dr. Robert Califf answered questions about the safety of human milk formula and mifepristone on Wednesday. Sen. Martin…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Abortion medication access remains after Supreme Court ruling

Abortion medication access remains after Supreme Court ruling

The U.S. Supreme Court ruled against the Texas-based Christian group trying to restrict access to abortion medication on Thursday. The case, FDA v. the…
How abortion care has changed since Dobbs 

How abortion care has changed since Dobbs 

In the month of March 2024 alone, 1,650 clinician-provided abortions took place in New Mexico, according to the reproductive research organization, the Guttmacher Institute.…
Many Democrats endorsed by reproductive rights group won primaries

Many Democrats endorsed by reproductive rights group won primaries

With nearly 53 percent of the precincts reporting as of 11 p.m. Tuesday, most of the legislative candidates endorsed by Planned Parenthood Votes New…
New Mexico food banks say food insecurity is on the rise

New Mexico food banks say food insecurity is on the rise

Food insecurity is on the rise as state benefits have decreased and the future of federal benefits have an uncertain future.  Sonya Warwick, director…
Abortion medication access remains after Supreme Court ruling

Abortion medication access remains after Supreme Court ruling

The U.S. Supreme Court ruled against the Texas-based Christian group trying to restrict access to abortion medication on Thursday. The case, FDA v. the…
How abortion care has changed since Dobbs 

How abortion care has changed since Dobbs 

In the month of March 2024 alone, 1,650 clinician-provided abortions took place in New Mexico, according to the reproductive research organization, the Guttmacher Institute.…
Republican Herrell signs onto what critics call anti-transgender message

Republican Herrell signs onto what critics call anti-transgender message

Republican candidate Yvette Herrell, who is running against Democrat Rep. Gabe Vasquez for New Mexico’s 2nd Congressional District seat, committed herself to a message…
Post-primary, Biden leads Trump in NM

Post-primary, Biden leads Trump in NM

President Joe Biden leads former president Donald Trump in the race for New Mexico’s five electoral seats, according to a poll commissioned by NM…
Democrats announce spending on CD2 race

Democrats announce spending on CD2 race

The Democratic National Committee announced on Monday that it will spend $70,000 for organizing staff to aid U.S. Rep. Gabe Vasquez, the Democrat trying…
SCOTUS rejects proposed resolution to Rio Grande water dispute

SCOTUS rejects proposed resolution to Rio Grande water dispute

In a 5-4 decision, the U.S. Supreme Court rejected a proposed settlement that would have ended the more-than decade-long dispute between Texas and New…
FWS says two Rio Grande fish do not warrant listing under Endangered Species Act

FWS says two Rio Grande fish do not warrant listing under Endangered Species Act

The U.S. Fish and Wildlife Service found that two fish species found in New Mexico do not meet the criteria for listing them as…
NM voters support abortion rights

NM voters support abortion rights

A majority of New Mexicans believe that New Mexico’s abortion laws should be less restrictive or should remain about the same as they are…

GET INVOLVED

© 2023 New Mexico Political Report