Committee Approves Greenleaf Victim Protection Proposal 

HARRISBURG – The Senate Judiciary Committee voted to move forward Senate Bill 553, a bill sponsored by Sen. Stewart J. Greenleaf, R-Montgomery/Bucks, to allow for a sexual violence victim to petition the court for a protective order. 

The legislation is significant in that it would provide a measure of protection through a civil proceeding for those victims whether or not they choose to seek criminal prosecution.  The protection that the bill would authorize the court to accord to victims of sexual violence would be similar to that available now to victims of domestic violence through protection from abuse orders. 

Under the bill, the court would hold an expedited hearing at which the sexual assault victim must prove by a preponderance of evidence the need for protection from the defendant.  The court may then issue a protection order that may include prohibiting the defendant from having any contact with the plaintiff; directing the defendant to refrain from harassing or stalking the plaintiff; and granting other appropriate relief.  A copy of the order would be provided to the plaintiff, the defendant, and police. 

A protection order would extend for a limited period of time and would not exceed 18 months.  Law enforcement agencies would be required to ensure that the victim is aware of sexual assault services in the community. 

The Greenleaf bill has the support of the Pennsylvania Coalition Against Rape (PCAR).  Twelve states have laws providing for protection orders similar to that proposed in the Greenleaf legislation.