258E Fix Testimony

September 26, 2023

VRLC Testimony on 258E Harassment Prevention Orders

VRLC submitted the following testimony in support of H. 1702 and S. 1019. Over the last 10 years, VRLC has advised clients on over 550 258E harassment prevention orders across the Commonwealth. We see the impact of the current gaps in protections for our clients and urge the Joint Committee to act in support of sexual assault victims in Massachusetts.   

Dear Members of the Joint Committee on the Judiciary:  

Thank you for the opportunity for Victim Rights Law Center to provide testimony in support of H.1702 and S.1019. Victim Rights Law Center (“VRLC”) supports H.1702 and S.1019 as it will have a significant impact on our clients who are survivors of rape, sexual assault, and stalking.  

VRLC was founded in 2003 as the first nonprofit law center in the country solely dedicated to serving the legal needs of survivors of rape and sexual assault to help rebuild their lives, promoting a national movement committed to seeking justice for every rape and sexual assault survivor. VRLC provides free legal assistance for survivors throughout the Commonwealth with legal needs related to the violence they have faced. We have extensive experience helping survivors navigate Harassment Prevention Orders and Abuse Prevention Orders. This legislation would bridge significant gaps in the existing legal protections for survivors of sexual assault.  

VRLC supports the proposed amendments in this bill. Under Mass. Gen. Laws, ch. 258E, victims of sexual assault, human trafficking, and stalking are not offered the level of protection they need from their abusers. While some still think of Harassment Prevention Orders as cases of simple neighbor disputes, at VRLC we routinely see people seeking these orders after experiencing devastating incidences of gender-based violence at the hands of neighbors, coworkers, acquaintances, and strangers. No matter their relationship to victims, perpetrators of violence should not have access to firearms. No survivor of sexual assault should fear getting a Harassment Prevention Order because their assailant is likely to retain the right to carry firearms.  

The stay away provision in this bill is essential to make harassment prevention orders useful for survivors of violent crimes.  The stay away provision of this bill also provides much needed clarity to the law.  

It is time for Massachusetts to provide crucial protections for survivors of sexual assault by bridging the harmful gaps in existing law. What this bill will help provide is meaningful safety for those seeking a Harassment Prevention Order. Seeking relief under Ch. 258E is often the only form of justice that sexual assault survivors receive. Victims of violent crimes at the hands of those who are not family and household members deserve similar protections to those offered under Ch. 209A. This bill allows for much needed clarity under Ch. 258E and will help ensure safety for victims of horrific crimes regardless of their relationship to the perpetrator of said crime.  

Victim Rights Law Center respectfully urges passage of H.1702 and S.1019. Thank you for your attention to this important matter.