Measure allows protective orders for rape victims' names

By John J. Sanko, Rocky Mountain News
February 5, 2004

Lawmakers gave committee approval Wednesday to a bill that encourages Colorado judges to do everything they can to protect the names of rape victims.

The bill by Sen. Peter Groff, a Denver Democrat, places into the statute books an existing section of the Colorado Judicial Rules of Criminal Procedure. His SB 46 now goes to the full Senate. It's not just the publicity surrounding NBA Kobe Bryant's rape trial that led him to introduce the legislation, Groff said.

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"It's not any one particular case, as people might think," Groff said. "We could talk about what's going on in Boulder (with the football recruiting allegations) and what's going on (at the Air Force Academy) in Colorado Springs as well as Eagle County."

The rules that would be placed in state law allow courts to impose protective orders for the names of any criminal victims. Groff's bill deals specifically with victims of sexual assault.

Members of the Senate Judiciary Committee voted 6-1 to send the measure to the full Senate, but took no action on a second bill, SB 60, that gives sexual assault victims the right to sue those who release their names. They could also recover actual damages and collect a $5,000 civil penalty. That bill by Sen. Bruce Cairns, R-Aurora, is expected to face a vote next week.

"I think it's an appropriate response to some outrageous behavior we've seen directed at victims across the state," Groff said in explaining his bill. "I think by codifying the rules, the state sends a very strong message that we're not going to allow this to happen to victims, alleged or proven."

Some questioned whether simply placing into law what already is in court rules would have any impact, but Groff insisted it was an important step.

"There's a contempt piece in there that allows the judge to say someone is in contempt of court if they violate the law - it's up to the judge," Groff said. It also gives district attorneys and the courts more support in seeking and issuing protective orders, he said. During testimony on the bill last week, two alleged victims of rape by college football players told how they were harassed and vilified after their names became public.

There were nearly 2,000 reports of rape and sexual assault in Colorado last year. One study estimates that only 16 percent of women report sexual attacks.

sankoj@RockyMountainNews.com or 303-892-5404

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