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| Domestic Violence| Getting Help for Domestic Violence| Personalized Safety Plan|
CHAPTER 5. ABUSIVE BEHAVIORS Anyone can be a victim of sexual violence - adult women and men, teenagers, children, people who are mentally and physically disabled, and the elderly, regardless of race, national origin, sexual orientation or economic status. If you are an immigrant or a refugee, you too have legal rights to protect yourself from abuse.
ARE YOU IN A MEDICAL EMERGENCY? Call 9-1-1 immediately, or go to the nearest hospital. The emergency room in any public hospital must give you emergency medical care, even if you are an undocumented immigrant or do not have insurance. Inform hospital staff if you need special accommodations, such as an interpreter, sign language, or print materials in an accessible format. NOTE: SEXUAL AND PHYSICAL ABUSE OF CHILDREN UNDER EIGHTEEN (18) IS CONSIDERED CHILD ABUSE. ANYONE SUSPECTING OR KNOWING OF SUCH ABUSE IS REQUIRED BY LAW TO REPORT IT TO THE DIVISION OF CHILDREN, YOUTH AND FAMILIES (IN NEW HAMPSHIRE AT 800-894-5533; OUTSIDE NEW HAMPSHIRE AT 603-271-6556) (RSA 169-C:29). DOMESTIC VIOLENCE If you find yourself in a relationship in which you are being hurt or intimidated, or where there is a threat of harm to you, you may be a victim of domestic violence. Domestic violence includes physical, sexual, verbal, or emotional abuse between partners, including current or former sexual, intimate, or dating partners. It occurs in families from all backgrounds and happens to individuals regardless of education, economic status, race, religion, national origin, physical or mental ability, sex, or sexual orientation. The law protects people of all ages, including minors. Additionally, the law protects you regardless of your immigrant status.
Emotional Abuse
Economic Abuse
Intimidation
Coercion and Threats
Isolation
Minimizing, Denying & Blaming
You can discuss your situation with a trained professional. Call the NEW HAMPSHIRE DOMESTIC VIOLENCE HOTLINE twenty-four (24) hours, three hundred sixty five (365) days a year at 866-644-3574 (TDD/VOICE 800-735-2964). The call is free and translation is available. The hotline will connect you to one of fourteen (14) crisis centers throughout the state established to provide services to victims and survivors of domestic violence and their children. Pursuant to RSA 173-C, information you share with a crisis center advocate shall remain strictly confidential, unless you give written permission for its release. This means you can disclose information about your situation and receive help and support without any part of the conversation being revealed to the government, your abuser or another third party. GETTING HELP FOR DOMESTIC VIOLENCE WHAT CAN THE POLICE DO? The police can provide you with immediate intervention and protection. Call 9-1-1 for help. Make sure to state your name and address clearly, and indicate that you want to report an assault. Inform the operator if you need special accommodation, such as an English interpreter.
WHAT IS A DOMESTIC VIOLENCE SHELTER? A shelter is a safe home where you and your children can live for a time if you are trying to leave an abusive relationship. You can receive these services even if you are an undocumented immigrant. If you do not understand or speak English, ask a staff person at the shelter if they have an interpreter that you can use. You also should request other accommodations, such as a sign language interpreter and accessible format print materials.
A law in the state of New Hampshire makes getting help safer for you. RSA 173-C states that information shared between a victim of a sexual assault or domestic abuse and a crisis center advocate shall remain confidential. This information is never given out, unless the crisis center has received written permission from you. This means you can disclose information about your situation and receive help and support without any of the conversation being revealed to the government, your abuser, or another third party. However, under RSA 173-C, crisis center advocates are required to report suspected or known incidences of child abuse to authorities. NOTE: SOME ADVOCATES WORK FOR THE HOSPITAL OR POLICE DEPARTMENT. INFORMATION YOU SHARE WITH THEM MAY NOT BE CONFIDENTIAL. BE SURE TO ASK IF THE ADVOCATE IS COVERED UNDER THE CONFIDENTIALITY RULES OF RSA 173-C. IF YOU ARE IN DANGER AND LEAVE HOME If you are in danger, leave your home and go to a friend's house or to a domestic violence shelter. If you stay with a friend or a family member, keep your location secret if possible. If you go to a shelter, you have the right to keep your immigration status private.
It also may be helpful to bring information with you regarding your partner. Make a copy of your partner's driver's license, alien card or certificate of naturalization, or copy the information on a piece of paper. THE PERSONALIZED SAFETY PLAN Whether or not you are ready to leave your partner, it is a good idea to work out a personalized safety plan before you are in the position of having to quickly flee from danger. The safety plan contains suggested tips for increasing your safety while you are in an abusive relationship. You should keep your safety plan in a secure place, along with the identification documents listed above.
---------------------------------------------------------------------- THE PERSONALIZED SAFETY PLAN Tear out this page and keep it in a safe place along with important papers and documentation that you have for yourself and copies of identification documentation regarding your partner. I can contact my local crisis center at _________________. I will have important phone numbers for my children and myself: Police _______________________________________ Hotline ______________________________________ Friends, Neighbors, Relatives ____________________ ____________________________________________ ____________________________________________ Shelter ______________________________________ I can tell __________________ and __________________ about the violence and ask them to call the police if they hear suspicious noises coming from my home. If I leave my home, I can go to (list 4 places): _______________________________________ _______________________________________ _______________________________________ _______________________________________. I can leave extra money, car keys, clothes and copies of papers with _________________________________________________________. To ensure safety and independence, I can: keep change for phone calls with me open my own savings account rehearse my escape route with a support person review my safety plan on ________________ (date). If you decide to end your relationship, the following suggestions may increase your safety. I can: change the locks install steel/metal doors, a security system, smoke detectors and an outside lighting system. I will inform ________________ and _________________ that my partner no longer lives with me and ask them to call the police if he or she is seen near my home or my children. I will tell people who take care of my children that ___________________________ and __________________________ are the only people who have permission to pick up my children. I can tell ___________________________________ at work about my situation and ask _____________________ to screen my calls. I can avoid stores, banks and ___________________ that I used when living with my abusive partner. I can obtain a protective order from __________________. I can keep it on or near me at all times and leave a copy with ___________________. If I feel down and ready to return to a potentially abusive situation, I can call ___________________ for help or attend workshops and support groups to strengthen my relationships with other people. ---------------------------------------------------------------------- TAKING CARE OF YOURSELF
LEGAL HELP FOR DOMESTIC VIOLENCE If you call the police for assistance, they are expected to make an arrest unless there is good reason not to. Once the abuse has been reported to the police, it becomes a crime against the state, and the decision of whether the case goes forward is up to the police and the prosecutor. It is not your choice. You may be asked to testify as a witness. You do not need to be alone during this process. Call your local crisis center for support. (See above for more information on services provided by crisis centers).
Save evidence such as torn clothing, and take pictures of your injuries. To file a complaint, go to the police station or the DISTRICT COURT serving the city or town where the assault took place (see RESOURCE DIRECTORY for a listing of New Hampshire courts). Once the complaint is filled out, either a summons will be served on the abuser to appear in court, or a warrant will be issued for an arrest. NOTE: EVEN IF ARRESTED, YOUR ABUSER MAY NOT STAY IN JAIL. THE ABUSER MAY BE RELEASED ON MONETARY BAIL ON THE CONDITION THAT HE OR SHE RETURN TO COURT FOR THE HEARING, OR, IN MANY CASES, ON HIS OR HER WRITTEN PROMISE TO RETURN TO COURT FOR THE HEARING. DOMESTIC VIOLENCE PROTECTIVE ORDERS Whether or not an arrest is made, you can file for a protective order from the court. A domestic violence protective order under RSA 173-B is available if you have been subject to actual or threatened physical violence or other forms of abuse by a family or household member or someone with whom you are a current or former intimate partner. When you file a petition for a domestic violence protective order, you will be the plaintiff; the abuser will be considered the defendant.
You do not need to be a citizen or legal permanent resident to get a domestic violence protective order. If you are uncomfortable about filing a petition because you are undocumented or unsure about your immigration status, you should seek the assistance of an immigration attorney. For immigration advice, call the INTERNATIONAL INSTITUTE OF NEW HAMPSHIRE at 603-647-1500 (See RESOURCE DIRECTORY). Until then, you should do what you need to do to make yourself safe.
WHAT CAN DOMESTIC VIOLENCE PROTECTIVE ORDERS DO? Through a domestic violence protective order from the court, you can request certain provisions. You will need to show the court immediate and present danger of abuse. Obtaining a domestic violence protective order is a two-step process, which begins with a temporary domestic violence protective order, effective for thirty (30) days. Requests for orders on a temporary basis may ask the court for the following:
On the petition for a temporary domestic violence protective order, you also can request additional orders to be granted at the time of final hearing. These include:
It is important to note that the judge will consider requests for the final hearing if and only if you check off the box on the original petition. You will not have the opportunity to make requests for additional orders at the final hearing, so be sure to check off each box on the petition that you think may be needed for your protection. For example, if your partner has threatened to take the children away or out of the country if you report abuse, be sure to consider requesting child custody and child support on the petition. WHERE DO I GO FOR A PROTECTIVE ORDER? You apply for a domestic violence protective order in the DISTRICT COURT or FAMILY DIVISION serving the city or town where you live, the city or town where your abuser lives, or the city or town were you went for safety. There is no cost for filing the domestic violence protective order or for serving the papers on your abuser. You do not need an attorney. The process is designed to be readily available to all people who need protection. The RESOURCE DIRECTORY at the end of this Handbook has a listing of New Hampshire courts. Your local crisis center may be able to provide you with an advocate during this process. While the advocate cannot serve as a legal representative, the advocate will be able to offer you support and answer any questions you have about the procedure. Crisis centers will provide services regardless of your immigration status. FILING THE PETITION
You will need to sign the Domestic Violence Petition in front of the court clerk. A judge then reviews the petition. The process is called ex parte, which means you are seeking immediate, emergency relief without the defendant being present. After receiving your petition, the judge or marital master may or may not want to see you to ask further questions. If the petition is granted, you will receive a temporary order. The clerk will assign you a court date for the final order and will provide you a copy of the temporary protective order. These papers should be kept on your person at all times. Before leaving the court, be sure the clerk has your current contact information. The court will keep this information confidential. Immediately upon issuing the temporary domestic violence protective order, the clerk will fax three forms to the police department responsible for serving the order on the defendant: a copy of the temporary order for the defendant, a completed Defendant's Information Sheet (on which you describe the defendant so the police know who to look for), and a Return of Service Form (which the police return to the court to inform them that the defendant has indeed received a copy of the temporary order). The clerk also must notify the State Registry and Gun Line. Under no circumstances should you bring the paperwork to the defendant. According to the law, the domestic violence protective order goes into effect as soon as it is signed (RSA 173-B:6). Be aware that most police departments will not act upon a complaint of violation until the defendant has been served; however, the police still should be notified of any violations. For this reason, the court is very careful to get the paperwork to the police right away. You can call the police to verify when and that the order has been served to the defendant. NOTE: IT IS IMPORTANT TO KEEP IN MIND THAT A DOMESTIC VIOLENCE PROTECTIVE ORDER IS A PIECE OF PAPER. THERE IS NO GUARANTEE THAT YOUR ABUSIVE PARTNER WILL COMPLY WITH THE ORDER, ALTHOUGH MANY ABUSERS DO TO AVOID FURTHER COURT ACTION. EVEN IF YOU HAVE A DOMESTIC VIOLENCE PROTECTIVE ORDER, YOU STILL MUST TAKE THE STEPS NECESSARY TO KEEP YOU AND YOUR CHILDREN SAFE. Upon being served the domestic violence protective order, the defendant has the right to request an immediate hearing. The hearing will be held three (3) to five (5) business days after a written request from the defendant is received by the clerk. Check with the court clerk to verify whether or not the defendant has requested an immediate hearing. Remember to be sure the court always has your most current contact information. The court will keep this information confidential. PREPARING FOR THE FINAL HEARING It is critical that you prepare for the final hearing. At the final hearing, both you and the defendant will be asked to state your positions to the judge. You must provide the court with clear and convincing evidence that you are in immediate and present danger of abuse as defined by New Hampshire law. You should be as specific and as detailed as possible regarding incidents of abuse.
In preparing for your final hearing, collect all the evidence you can to support your case. Get copies of medical records, medical bills, police documents, photographs of damages or injuries, receipts, partner's pay-stubs, etc. Also, gather all forms of contact the defendant has had with you (such as printed e-mail messages, letters, cards, answering machine messages) that refer to the violence or that threaten you. Bring copies for the court and keep a set for yourself. Ask witnesses to attend the hearing. You cannot be forced to have contact with the defendant before, during, or after the hearing. If the defendant or the defendant's attorney attempts to communicate with you prior to the hearing at the courthouse, you should tell court security. You cannot be forced to settle the case or to sign anything without the court's involvement. What follows is what you can expect at the hearing itself and what you will need to do to be adequately prepared:
Based on the evidence presented during the final hearing, the judge will make a decision as to whether or not to grant a final order. If the order is granted, it will last for one (1) full year from the date it is signed. If it is denied, the temporary order is no longer in effect. Sometimes, a judge will notify parties of decisions by mail; in these cases, the temporary order remains in effect until notification is received. IF THE FINAL ORDER IS NOT GRANTED If the final order is not granted, there are other options to keep you and your children safe. A domestic violence protective order is only one of the many tools available to you if you are in a domestic violence situation.
IF THE FINAL ORDER IS GRANTED If a final order is granted, you will receive your copy at the final hearing or you will be notified by mail. Be sure to request a certified copy of the final order. When you receive your final order, make several copies. You should keep a copy with you at all times. If you have been awarded custody of your children, provide a copy of the final order to your children's school principal, teachers, or day care provider. If your partner has ever threatened to take your children away or out of the country, and you have been granted custody of the children as part of the domestic violence protective order, the defendant is prohibited from removing the children without your knowledge. If your children are U.S. citizens, you should send a copy of the final protective order to the U.S. DEPARTMENT OF STATE to prevent issuance of passports and visas for the children. If you have been given use of the house, the defendant will need to get personal belongings from the home. The defendant may not come to your home to get these items unless accompanied by a police officer and with reasonable notice to you. You are obligated to not damage these items in any way. NOTE: IF THE FINAL ORDER IS GRANTED, THE COURT MUST TAKE AWAY ANY FIREARMS, AMMUNITION, OR DEADLY WEAPONS IN THE DEFENDANT'S POSSESSION. CHANGING THE FINAL ORDER If your situation changes, or you feel a change to your protective order is necessary, you have the right to request an amendment of your protective order at any time, even after the final order has been granted. Only a court can amend the order. You must make your request in writing to the court that issued the order. A copy of your request will be sent to the defendant. He or she will have ten (10) days to object to the changes. If the court receives an objection from the defendant, a hearing will be scheduled to discuss the request and the objection. If the defendant does not object to your requested changes, the court will schedule a hearing to discuss the changes or will grant them without a hearing. The order then is issued against the defendant. Note that temporary reconciliation between you and the defendant does not revoke the order. EXTENDING THE FINAL ORDER It is very important that you are aware of the order's expiration date. Your final order is effective for (1) year, but it may be extended by a court order if there is good cause (RSA 173-B (5) VI). To do this, you should ask the court for an extension of one (1) month before the original order expires. If you ask the court to extend your final domestic violence protective order after it has expired, you will have to file a motion to re-open the order. While you will not need new facts to re-open the order, the motion may or may not be granted. In either case, your request must be done in writing. A copy of your written request will be sent to the defendant. He or she will have ten (10) days to object to your request. If the court does not receive an objection from the defendant, your protective order will be extended for another year. If the defendant does object to an extension of your domestic violence protective order, the court will schedule a hearing to be held within thirty (30) days. Your current domestic violence protective order will remain in effect until the hearing date. DROPPING A FINAL ORDER You can drop your domestic violence protective order at any point during the year that it is in effect. If you choose to drop the order before the final hearing, you still must go to the scheduled hearing. When your case is called, you may explain to the judge why you are requesting that the order be dropped. If you choose to drop your domestic violence protective order after the final hearing, you need to go to the courthouse where it was issued. Explain to the clerk that you would like to drop your order. The clerk may bring you in to see a judge, and you may be asked to tell the judge why you want the order dropped. This might happen in the courtroom or in judge's chambers. If a judge is not available, the clerk may schedule a hearing at a later date. ENFORCING A DOMESTIC VIOLENCE PROTECTIVE ORDER FROM ANOTHER STATE Federal law provides that any valid protective order issued in one state is to be treated by another state as if it were one of its own and enforced in the same manner as an order issued in that state. If you have a protective order from another state, you can protect yourself by filing a certified copy of this order in any DISTRICT COURT or FAMILY COURT in New Hampshire (see RESOURCE DIRECTORY for a listing of New Hampshire courts). If you do not have a certified copy, the court can have a copy of the order faxed from the court that issued the order (the defendant will not be notified of your location). The clerk then will forward the order to the administrative office of the courts to enter the order into the state database. Even if you have not filed a copy of your order with a New Hampshire court, the order still is enforceable by the police. If you call the police to report that you have been abused, followed, threatened or intimidated, be sure to tell them you have a protective order from another state. Your New Hampshire order should be enforceable in other states as well. Be sure to inform the police department and courts in other states about the protective order issued in New Hampshire. VIOLATING A PROTECTIVE ORDER It is against the law for the defendant to violate a temporary or final domestic violence protective order. Such violations should be reported to your local law enforcement agency immediately. Examples of violations include, but are not limited to:
IN ADDITION, IT IS AGAINST THE LAW FOR SOMEONE TO OWN OR CARRY A FIREARM WHILE THERE IS A PROTECTIVE ORDER ISSUED AGAINST HIM OR HER. Police are mandated to make an arrest in situations of protective order violations. This begins a criminal action against the defendant. CRIMINAL CASES A criminal case is a court action made by the state against a person who has been charged with committing a crime, such as violations of a protective order. If there is enough evidence, the state can prosecute the case. This is done at no cost to the victim. If the court finds the defendant guilty, a punishment (or sentence) will be issued. The sentence depends upon the defendant's criminal record as well as the severity of the injuries to the victim. New Hampshire also has a hate crime law (RSA 651:6), which may enhance or upgrade a defendant's sentence if the court finds that the defendant was substantially motivated to commit the crime because of hostility toward the victim's religion, race, sexual orientation, national origin or sex. Although sentences do not always include jail time, a criminal action is part of the defendant's criminal record. Immigrants and refugees are entitled to the same legal rights as U.S. citizens in criminal case proceedings. Further, if you are not married to a U.S. citizen or legal permanent resident, but you have been a victim of a crime and you assist in the prosecution of your abuser, you may be able to apply for a U Visa. However, it is best not to submit an immigration application on your own without first consulting an immigration attorney. For immigration advice, contact the INTERNATIONAL INSTITUTE OF NEW HAMPSHIRE at 603-647-1500 (See RESOURCE DIRECTORY). Crimes are classified as either misdemeanors (crimes punishable by one (1) year or less in jail or fines under $2,000.00) or felonies (crimes punishable by more than one year in jail or fines higher than $2,000.00). Though the process is similar, there are some differences between the way misdemeanors and felonies are handled in the courts. Misdemeanor cases are prosecuted by a member of the police force or by a lawyer representing the city or town. A judge in a DISTRICT COURT hears these cases. The County Attorney prosecutes felony cases. These cases are heard in SUPERIOR COURT before a jury after a preliminary DISTRICT COURT and probable cause hearing. BAIL CONDITIONS & PROTECTIVE ORDERS When the defendant is arrested for committing a crime, he or she usually will be released on bail. A bail order will be issued, which directs a person who has been placed under arrest for a crime to pay money to ensure that he or she will appear in court. If the crime is one committed against you, the defendant often will be ordered to stay away from you. This is called "no contact" and is part of his or her bail conditions. If the defendant makes contact with you in any way, he or she will be sent back to jail until the trial. Bail conditions are different from a domestic violence protective order. While both may prohibit the defendant from having any form of contact with you, bail conditions do not give you temporary custody of children, use of the home, or any of the assistance a domestic violence protective order can provide. In addition, bail conditions only remain in effect during the criminal case. GAINING IMMIGRATION STATUS FOR IMMIGRANT WOMEN WHO ARE ABUSED BY A SPOUSE OR PARENT THE VIOLENCE AGAINST WOMEN ACT (VAWA) of 1994 allows self-petitioning for abused immigrant spouses and children of lawful U.S. residents or U.S. citizens to gain immigration status without their abuser's help or knowledge. You must meet certain requirements to qualify.
You will not need any specific evidence to prove to the INS that you have been abused, although proof of a domestic violence protective order or criminal case against your abuser may help to establish your case. In some situations, your own statements may be enough. If you think you qualify for VAWA or have any questions about VAWA, contact an immigration attorney. If you do not qualify to self-petition under VAWA, you still may be eligible to gain immigration status under other laws. For immigration advice, call the INTERNATIONAL INSTITUTE OF NEW HAMPSHIRE at 603-647-1500 (See RESOURCE DIRECTORY). NOTE: PERSONS WHO HAVE LEGAL IMMIGRATION STATUS CANNOT HAVE THAT STATUS TAKEN AWAY BY REPORTING THE ABUSE OF THEIR SPOUSE OR PARTNER. ALSO, YOUR SPOUSE OR PARTNER DOES NOT HAVE THE POWER TO DEPORT YOU. ONLY THE INS CAN DEPORT SOMEONE, AND YOU HAVE THE RIGHT TO SEE AN IMMIGRATION JUDGE BEFORE DEPORTATION. SEXUAL ASSAULT Anyone can be a victim of sexual assault - adult women and men, teenagers, children, people with mental and physical disabilities, and the elderly, regardless of race, national origin, sexual orientation or economic status. Sexual offenses can include several kinds of crimes: sexual assault, incest, child molestation, marital sexual assault, so-called "date rape," indecent exposure and voyeurism. Rape is no longer a legal term in New Hampshire. It is now classified as Sexual Assault. Under RSA 632-A, there are three levels of sexual assault:
Immigrants have the same legal protections as U.S. citizens in the crime of sexual assault. SEXUAL ASSAULT IS A CRIME Sexual assault is forced, manipulated, or coerced sexual activity in which the assailant uses sex to inflict humiliation upon or to exert power and control over the victim. In New Hampshire, the legal age of sexual consent is sixteen (16). It is always a crime for a person to have sexual relations with:
Additionally, sexual assault may include:
A sexual offender can be anyone. Most are married or are in ongoing relationships. Sexual offenders may be strangers to their victims but, more often, the victim knows the offender. The sexual offender may be an acquaintance, partner, spouse, or other family member. In over half of all reported sexual assaults, the victim and assailant know each other. Child victims know their assailant in eighty (80) percent of all cases. Being sexually assaulted by someone you know does not make the crime any less serious or traumatic. In fact, there may be additional trauma associated with acquaintance rape due to the violation of trust, shared social space, and common friends. NOTE: IF THE CRIME OF SEXUAL ASSAULT IS PERPETRATED BY A FAMILY MEMBER, IT IS CONSIDERED INCEST UNDER RSA 639:2. ALSO, SEXUAL AND PHYSICAL ABUSE OF CHILDREN UNDER EIGHTEEN (18) IS CONSIDERED CHILD ABUSE. NEW HAMPSHIRE LAW REQUIRES THAT ANYONE KNOWING OR SUSPECTING OF CHILD ABUSE MUST REPORT IT TO THE DIVISION OF CHILDREN, YOUTH AND FAMILIES (IN NEW HAMPSHIRE AT 800-894-5533; OUTSIDE NEW HAMPSHIRE AT 603-271-6556) (RSA 169-C:29). GETTING HELP FOR SEXUAL ASSAULT WHAT IS A SEXUAL ASSAULT CRISIS CENTER? Confidential, free support is available to you twenty-four (24) hours a day, three hundred sixty five (365) days a year through local sexual assault crisis centers. Crisis center advocates will accompany victims to the hospital and to court, provide emotional support, and explain legal and other options to sexual assault victims and their parents, partners, or friends. These services are free and available to all people regardless of race, gender, sexual orientation, national origin, religious or political beliefs, physical or mental ability, age, or immigration status. For the crisis center nearest to you, call:
STATEWIDE SEXUAL ASSAULT HOTLINE
The call is free and translation is available. A list of local crisis centers also can be found on the inside back cover of this Handbook. Pursuant to RSA 173-C, information you share with a crisis center advocate must remain confidential unless you provide written permission for the information to be released. You can disclose information about your situation and receive help and support from an advocate without fearing that this information will be revealed to the government, your assailant, or another third party. However, under RSA 173-C, crisis center advocates are required to report suspected or known incidences of child abuse to authorities. NOTE: SOME ADVOCATES WORK FOR THE HOSPITAL OR POLICE DEPARTMENT. INFORMATION YOU SHARE WITH THEM MAY NOT BE CONFIDENTIAL. BE SURE TO ASK IF THE ADVOCATE IS COVERED UNDER THE CONFIDENTIALITY RULES OF RSA 173-C. WHAT SHOULD YOU DO IF YOU ARE SEXUALLY ASSAULTED? If you are sexually assaulted:
Remember, if you are unsure what your options are regarding sexual assault and want to talk to someone confidentially, you can call your local crisis center twenty-four (24) hours a day, three hundred sixty five (365) days a year. THE SEXUAL ASSAULT MEDICAL EXAM WHO PAYS FOR THE EXAM? Victims of sexual assault are not required to pay for the medical exam. There are three (3) possible methods of payment.
SEXUALLY TRANSMITTED DISEASES AND PREGNANCY TESTING The sexual assault exam includes tests for the sexually transmitted diseases Trichomonas, Chlamydia, and Gonorrhea. However, these tests are done on a case-by-case basis and are NOT standard procedure for all sexual assault exams. Request that these tests are conducted as part of your exam. While the results of these tests will not be available for three (3) to five (5) days, an antibiotic medication may be offered as a preventative measure. The medication usually is administered before the patient leaves the hospital. The local crisis center can arrange for immediate funding for some post sexual assault medications. A baseline pregnancy test is done at the hospital to determine your eligibility for emergency pregnancy prevention (the "morning after pill"), which may prevent you from getting pregnant from the assault if it is taken within seventy-two (72) hours. Be sure to receive the medication while you are in the hospital, otherwise the expense may not be covered as part of the exam. Your local crisis center can provide you with referrals for a physician or clinic in your area for additional or follow-up testing. HIV TESTING Although an HIV test can be done at the time of the sexual assault medical exam, it is NOT routinely part of the exam. If you choose to have a separate and confidential HIV test done at the hospital, the results will become part of your hospital record. The HIV test done at the hospital is a baseline test and will determine if you were infected prior to the assault. It will not indicate if the offender infected you. You also may be eligible for HIV post-exposure prophylactic medication. The "window" for HIV (length of time between acquiring the infection and getting positive results) is three (3) to six (6) months, so follow-up testing is important. The hospital can provide you with anonymous testing sites throughout New Hampshire where you can have the test results documented by a number rather than by your name. Your local sexual assault crisis center or NH HELPLINE (800-852-3388) also can provide you with the telephone numbers for anonymous or confidential testing sites in your area. The defendant is required to have an HIV/AIDS test ONLY if he or she is found guilty of sexual assault, as defined by the law (RSA 632-A:10-b). He or she cannot be forced to be tested prior to the trial or if found not guilty. Once convicted and sent to state prison, the defendant is tested automatically and the results of the test are sent to the Attorney General's OFFICE OF VICTIM/WITNESS ASSISTANCE. That office will notify the county VICTIM/WITNESS PROGRAM, who will contact you with the results. If you have concerns or questions, contact your Victim/Witness advocate (see CHAPTER 7 for more information about Victim/Witness Assistance). "RAPE DRUGS" Many women think that they cannot report a sexual assault or press charges against the person who assaulted them if they have been drinking or were intoxicated. The use of alcohol or drugs does NOT give someone the right to assault you. Being intoxicated can make you incapacitated or helpless to resist. If you have been sexually assaulted while intoxicated you are protected under New Hampshire law. The same is true for victims who were using drugs prior to the assault. While alcohol remains the most prevalent rape drug, some assailants use other rape drugs to make victims helpless. Such drugs include Rohypnol ("Roofies"), Gamma-hydroxybutyrate ("GHB"), Ketamine ("Special K"), and MDMA ("Ectasy"). Often times these drugs are slipped into victim's drinks, and are tasteless, odorless and colorless. Signs that you may have been drugged include:
Under the DRUG-INDUCED RAPE PREVENTION PUNISHMENT ACT OF 1996, it is illegal to distribute or administer Rohypnol or Gamma-hydroxybutyrate to another person without that person's knowledge and with the intent to commit a violent crime. This act, separate from the assault itself, is punishable by up to twenty (20) years in prison and a fine. If you believe the person who assaulted you used a rape drug, inform police and medical personnel right away. A special urine test can be done to check for rape drugs in your system. The test must be done immediately and will be paid for by the state. REPORTING THE CRIME OF ASSAULT If you are eighteen (18) years of age or older when a felony sexual assault occurs, the statute of limitations, or the time limit for reporting, is six (6) years. That means you have up to six (6) years from the date of the assault to report it. If you are under the age of eighteen (18) when the assault occurs, you have until age forty (40) to report the crime. There have been a number of changes made in the law over the last twenty (20) years, so always check with the county attorney to see if your case falls within these guidelines. Even with the longer time to report sexual assault crimes, keep in mind that prosecutions of any kind become more difficult to prove the more time elapses between the crime and the reporting of it. If you are uncertain of what action to take, talk to a local crisis center advocate. REPORTING A report must be made to the police department in the city or town in which the assault occurred. Request a language interpreter or other special accommodations, if necessary, so that you fully understand the police and the police fully understand you. If you are unsure about how to report the assault to the police, or if you would like a crisis center advocate to go with you, contact your local crisis center twenty-four (24) hours a day, three hundred sixty five (365) days a year. INVESTIGATION Once the crime has been reported to the police it becomes a crime against the state with the survivor as the chief witness. The decision as to whether the case will go forward is up to the police and the prosecutor. An investigation will be conducted by the law enforcement agency that has jurisdiction over the case. Through the investigation process, the accused probably will become aware of your report. If you have concerns for your safety, inform the police and seek the support of a crisis center advocate. The police may need to talk with you several times during their investigation. Request a language interpreter or other special accommodations, if necessary, so that the police fully understand you and so that you fully understand the police. In the interview with police, you will be asked to give a detailed account of the incident. Sometimes police will audiotape or videotape the statement, or they may request that you write down everything that you can remember. ARREST AND ARRAIGNMENT If the investigation results in an arrest, the case then is turned over to the County Attorney's Office for prosecution. The defendant will be brought to a bail commissioner or judge for a bail hearing. Under New Hampshire law, the defendant is eligible for bail unless the state can show that the defendant is a danger to society or that the defendant presents a risk of flight. The state may ask for bail conditions that include no contact with you or your family. GRAND JURY A grand jury is a group of twelve (12) to twenty-three (23) citizens. The jury hears the evidence related to the case and decides if there are good grounds to bring the case to trial. The County Attorney's Office presents the evidence in closed session. A closed session is a hearing in which no one else is allowed to sit in on the hearing. The defendant usually is not present, but sometimes the victim is asked to testify during this process. If twelve (12) or more members of the Grand Jury believe that the defendant may have committed the crime, the defendant will be charged. This formal charge is called an indictment. ARRAIGNMENT IN SUPERIOR COURT At the arraignment, the defendant is charged with a specific crime. A new plea is entered, and bail is reset. At the time of the arraignment, the defendant will be appointed an attorney. NOTE: IT IS VERY COMMON FOR THE DEFENSE ATTORNEY, OR AN INVESTIGATOR WHO WORKS FOR THE DEFENSE ATTORNEY, TO TRY TO CONTACT YOU. YOU DO NOT HAVE TO TALK TO THE DEFENSE ATTORNEY OR INVESTIGATOR. IF YOU CHOOSE TO TALK TO THE DEFENSE ATTORNEY OR INVESTIGATOR, YOU SHOULD LET THE PROSECUTOR KNOW. YOU MAY CONFUSE THE DIFFERENT ATTORNEYS AND INVESTIGATORS WORKING ON THE CASE. YOU HAVE THE RIGHT TO KNOW THE IDENTITY AND EMPLOYMENT OF ANYONE ASKING YOU QUESTIONS ABOUT YOUR CASE. IF YOU ARE UNSURE, ASK THEM FOR IDENTIFICATION AND CALL THE COUNTY ATTORNEY WHO IS HANDLING YOUR CASE. TRIAL All evidence, information and witness testimony is presented during the trial. In a bench trial, a judge determines whether the defendant is guilty or not guilty. In a jury trial, all twelve (12) jurors must agree on a verdict of guilty or not guilty. The defendant has the right to a jury trial by law. If the verdict of the trial is not guilty, the defendant has been acquitted and will be released. The defendant can never be retried for this particular incident. When jurors cannot agree on a verdict, it is called a hung jury. This may result in a new trial. If the verdict is guilty, the judge will sentence the defendant at a later date. Defendants who have been found guilty of Aggravated Felonious Sexual Assault or Felonious Sexual Assault are not released on bail while waiting for their sentence. PRE-SENTENCE INVESTIGATION Before sentencing, the judge will refer the case to the Probation Department. A probation officer will conduct an investigation of the defendant's background and also will consider the impact of the crime on the victim's life. This information is used in determining the sentence. SENTENCING HEARING At the sentencing hearing, the judge will consider testimony from witnesses, recommendations from the probation officer's report, and arguments by the attorneys. Under New Hampshire law, victims of sexual assault have the right to address the court regarding the effects that the crime has had on their lives. You should work with an advocate to prepare a victim impact statement for the court. You also have the right to present these concerns at any future hearing regarding changes in the sentence. Based on all of this information, the judge will sentence the defendant. LEGAL HELP FOR SEXUAL ASSAULT Support and information is available through your local sexual assault crisis centers to assist sexual assault victims at the hospital, police station, and with the court process. (See above, "Getting Help for Sexual Assault"). The criminal justice system often involves delays and postponements. As a result, the time between the initial investigation and its conclusion in court can be long. It is helpful to work with an advocate who will provide emotional support and who can answer any questions about the process. If a case goes to the County Attorney's office, a victim/witness advocate will be assigned to provide you with support. Victim/witness advocates are part of the prosecutor's office and will keep you informed about what is happening with your case. Please be aware that the confidentiality statute only applies to crisis center advocates and NOT to victim/witness advocates. If you have confidential information or concerns, you should seek the help of your local crisis center advocate. More information about the VICTIM/WITNESS ASSISTANCE PROGRAM can be found in CHAPTER 7. OTHER LEGAL OPTIONS Below are other legal options available to you under New Hampshire law.
COMMON EFFECTS OF SEXUAL ASSAULT Sexual assault is a criminal act of violence. Being sexually assaulted by someone you know does not make the crime any less serious. Everyone reacts in different ways following a sexual assault. Common reactions include fear that the attacker may come back; feelings that the victim did something to cause the assault; fear of being alone or in crowds; fear that no one will believe the assault happened or that friends and family will find out about the assault. Anger, frustration, isolation, powerlessness, and helplessness are common feelings that victims experience. Reactions to the assault may vary widely. Nothing is "normal" in this situation. Sexual assault can happen to either gender, at any age, regardless of social, economic, or educational status or race, religion, disability or sexual orientation. Healing from sexual assault begins when the victim is able to deal with what has happened. It often is helpful to talk about the assault with a trusted individual -- a friend, family member, professional counselor, or an advocate from a sexual assault crisis center. But be assured that, as a victim, you have the right to follow your own path to healing from the event. TAKING CARE OF YOURSELF
STALKING Anyone can be a victim of stalking -adult women and men, teenagers, children, people who are mentally or physically disabled, and the elderly, regardless of race, national origin, sexual orientation or economic status. Stalking is behavior involving a course of conduct by a person that places another person in fear or his or her safety. Immigrants and refugees have the same legal protections as U.S. citizens in the crime of stalking. STALKING IS A CRIME IN NEW HAMPSHIRE (RSA 633:3-a) It is against the law for someone to:
Course of Conduct means two (2) or more acts over a period of time, however short, which shows a continuity of purpose. A course of conduct does not include constitutionally protected activity, nor does it include conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct may include, but is not limited to, any of the following acts or a combination thereof:
The law is designed to help in cases where the conduct otherwise might seem acceptable, such as sending flowers or leaving a piece of candy on someone's desk, but which may cause a reasonable person to fear for her or his safety if that conduct is part of a series of unwanted or inappropriate attentions. GETTING HELP FOR STALKING If you are being followed from place to place, or if you are being threatened or intimidated by someone, it is important that you take the necessary steps to maximize your safety. This may mean temporarily moving or seeking safe shelter and then reporting the stalking to the police. You also may choose to stay in your home and seek help from the police and the courts. Depending on your relationship with the stalker, you may be able to help the police or courts know if the stalker will be violent. This will help to decide what actions need to be taken. The first concern is for your safety. Confidential, free support is available to you twenty-four (24) hours a day, three hundred sixty five (365) days a year through your crisis center. Locate the center nearest you in the directory on the inside back cover of this Handbook. Services and support provided by crisis centers are available to all people regardless of age, immigration status, race, gender, sexual orientation, national origin, religious or political beliefs, or physical or mental ability. If you need a language interpreter or other special accommodation, be sure to make this request. Pursuant to RSA 173-C, information you share with a crisis center advocate must remain confidential, unless you provide written permission for the information to be released. You can disclose any information about your situation and receive help and support from an advocate without fearing that this information will be revealed to the government or any other third party. However, under RSA 173-C, crisis center advocates are required to report suspected or known incidences of child abuse to authorities. WHAT STEPS SHOULD YOU TAKE IF YOU ARE BEING STALKED? The following is a list of steps you can take if you are being stalked. SECURE PERSONAL SAFETY The Safety Checklist, below, will help you to identify precautions you can take to maximize your safety. NOTIFY THE POLICE If you are being followed from place to place, threatened or intimidated by someone, call the police at 9-1-1. Request a language interpreter or other special accommodation, if necessary, so that you fully understand police and the police fully understand you. Be sure to tell the police about previous calls you have made and the results of the calls (for example, a protective order was served or the stalker was warned to stay away from you). File a complaint with the police, providing any evidence you can about your situation. The police will file a report. Be sure to request and retain a copy of the report along with the name of the officer taking the complaint. When you call law enforcement, the police can make an arrest without a warrant if the officer has reason to believe that a new stalking episode has occurred within twelve (12) hours of your filing a report. If you have a stalking protective order (see below), the police must arrest the person. The police can make an arrest even if they do not see the events you describe. In the event of an arrest, the stalker will be considered for bail in a court proceeding in which the stalker is the defendant. The bail hearing is an opportunity for law enforcement and for you to provide the court with information on whether the defendant poses such a danger that he or she should be held on preventive detention or in restrictive conditions. In assessing this danger, the court will consider factors such as threats of suicide, acute depression, history of violating protective orders, possessing or attempting to possess a deadly weapon in violation of an order, death threats or threats of possessiveness toward another person, and cruelty or violence to pets. In the event the court determines the defendant does not pose a danger, the defendant will be released either on a written promise to appear in court or on a bail order that directs the defendant to pay money to ensure that he or she will appear in court. The defendant may be told to have no contact with you as part of the bail conditions. Make sure to get copies of any papers from the police and courts, including arrest records, the charges that have been filed against the defendant, and the bail conditions. Write down the names of any law enforcement officers and judges involved in your case. OBTAIN A STALKING PROTECTIVE ORDER Any person, regardless of age or immigration status, may request a stalking protective order from the court. In addition to prohibiting the defendant from continuing the stalking behavior, the court also may consider ordering monetary compensation for losses suffered as a direct result of the stalking. This compensation may include the cost of moving and shelter expenses; lost wages; reasonable attorney's fees; medical and dental expenses; the cost of changing phone numbers; the cost of obtaining caller ID, an unlisted number or an answering machine; the cost of new locks and other security; and mental health or counseling expenses. The court also may consider prohibiting the defendant from owning or possessing firearms, ammunition or other deadly weapons. Unlike a domestic violence protective order (see above), the court does not have to find that the defendant poses a credible threat before issuing a protective order. DOCUMENT EVERYTHING Write down dates, times, places, and witnesses' names. Write what the stalker was doing, saying, and wearing. Note the kind of car the stalker was driving and the license plate number. If it can be done safely, take pictures of your stalker. TELL FAMILY, FRIENDS, NEIGHBORS AND CO-WORKERS ABOUT THE STALKING Describe the stalker to them. Ask them to watch for the stalker, to write down everything they see, and to give this account to you. Ask your Human Resources Director, Employee Assistance Program professional, or supervisor about your company's policies and resources to help keep you safe. SAVE ALL WRITTEN MATERIAL, LEGAL PAPERS AND TELEPHONE MESSAGES RECORDED ON ANSWERING MACHINES Collect evidence of the stalking. Save and date all cards, letters, notes, and envelopes from the stalker. Save and date all messages left on answering machines. (You should know, however, that it is a crime to tape record any conversation between you and your stalker unless the stalker knows the conversation is being recorded.) Obtain and keep copies of things like warrants, protective orders, and court orders. SAFETY CHECKLIST If you are being stalked, you can maximize your safety by taking certain precautions. Your local crisis center is an important resource for safety suggestions as well as support and assistance in understanding protective legal options available to you. See the inside back cover of this Handbook to find the crisis center nearest you.
TAKING CARE OF YOURSELF
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