[Congressional Record (Bound Edition), Volume 161 (2015), Part 4]
[Extensions of Remarks]
[Page 5932]
[From the U.S. Government Publishing Office, www.gpo.gov]




  PROVIDE SEXUAL ASSAULT VICTIMS WITH PERMANENT PROTECTION FROM THEIR 
                               ATTACKERS

                                  _____
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Wednesday, April 29, 2015

  Mr. SMITH of New Jersey. Mr. Speaker, I rise to recognize Sexual 
Assault Awareness Month and call attention to legislation I 
reintroduced this morning that will help to ensure that victims of 
sexual assaults can seek and receive permanent protection from their 
attackers.
  By way of background, Nicole Norberto, a constituent of mine from 
Jackson, New Jersey and for whom the bill is named, was raped at the 
age of 15 by an acquaintance. While seeking prosecution of the attacker 
and appropriate restraints to protect herself, Nicole was advised by a 
court clerk in her home county that she could not request a permanent 
restraining order from the judge because she was not in a ``dating 
relationship'' with her attacker.
  As a result, Nicole's no-contact order, which offered her a 
significant means of protection from her attacker, ended when her 
attacker was released from government supervision. To remedy this 
situation, the New Jersey state legislature adopted legislation 
(Chapter 133 of the laws of 2007) to extend the right of permanent 
protection to all victims of sexual abuse.
  In my state, Nicole's Law closed a gaping loophole and the bill I 
introduced today will provide victims across the country with the same 
protections.
  Mr. Speaker, the Rape, Abuse & Incest National Network (RAINN) 
estimates that approximately 2/3 of assaults are committed by someone 
known to the victim and 38 percent are a friend or acquaintance. 
Nicole's Law will ensure all victims have the option of obtaining a 
permanent restraining order--and the peace of mind it provides.
  In addition to requiring states to ensure their laws afford victims 
the option of seeking a permanent restraining order, my bill will allow 
a judge to, essentially, default to permanent protection instead of 
issuing protection orders which expire on a specific date or upon 
termination. In other words, if the offender would like the order 
removed, the burden is on the offender to ask for its removal, rather 
than on the victim to ask for its continuance.
  Mr. Speaker, RAINN states that 68 percent of sexual assaults are not 
reported to police and 98 percent of rapists will never spend a day in 
jail.
  By offering victims added protection and support, we can enable them 
to have greater confidence in the administration of justice. The more 
support and confidence victims have in the ability of our justice 
system to hold those who commit sex crimes accountable, the more likely 
victims will come forward--which will help ensure that more criminals 
are properly prosecuted, leading to fewer victims in the future.
  As Nicole stated this week: ``This law is a chance to help ensure 
victim's rights are protected and needs are met before, during and 
after a sexual assault. Hopefully this law will help victims of sexual 
assault be more comfortable with coming forward about their incident 
knowing that there are laws set in place to help protect them during 
this difficult process.''
  We should do all we can to encourage victims to come forward and 
ensure those victims who do, are afforded permanent protection. My 
legislation will help this effort and I urge all members to support it.

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