CONCORD, N.H. (AP) - A bill aimed at ensuring the sexual history of rape and assault victims is not used against them in trial cleared a key House committee Tuesday and appears likely to pass the Legislature.
The bill was prompted by the case of Elizabeth “Lizzi” Marriott, a University of New Hampshire student who was murdered in 2012 by Seth Mazzaglia. During Mazzaglia’s appeal, his lawyers unsuccessfully argued that Marriott’s sexual history was relevant evidence to the case. Marriott’s parents have been vocal in their calls to strengthen New Hampshire’s rape shield law, arguing a victim’s privacy and reputation deserves protection.
“My goal is to make sure that someone else doesn’t have to go through the same process that we went through,” Bob Marriott, Lizzi’s father, said.
The positive committee vote came after concerns that some Republican lawmakers might try to water down the bill. One piece of the bill clearly defines what counts as “sexual activity,” including thoughts, use of contraceptives and action with previous sexual partners. Some lawmakers felt the definition was too broad, but the committee ultimately passed it on a vote of 11 to 4.
“It’s very simply drafted in a way that makes us understand that an individual’s sexual past will remain private, and it’s so important if that individual is no longer with us to defend his or herself,” Democratic Rep. Janet Wall said.
The other piece of the bill ensures New Hampshire’s rape shield law extends to all levels of a court proceeding, including appeals. In specific cases, judges still have discretion to determine what evidence is permissible.
The bill now heads to the floor of the Republican-controlled House for a full vote. Republican Gov. Chris Sununu has expressed his support.
“Allowing a defendant to introduce evidence about these aspects of a victim’s life will have a chilling effect on whether any victim is willing to come forward and report an assault,” he wrote in a letter to the House Judiciary Committee.
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This story has been corrected to show the vote was 11-4, not 15-4.
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