OLYMPIA — A bill to increase support for survivors of sexual and domestic violence has advanced out of the Senate Law & Justice Committee. 

Senate Bill 6017, sponsored by Sen. Tina Orwall (D-Des Moines), aims to reduce the retraumatization of survivors in the courtroom by allowing courts to appoint other people to cross-examine them in cases where defendants have chosen to represent themselves.

“No one should be subjected to the trauma and fear of being questioned by their abusers as they seek justice for what happened to them,” Orwall said. “This bill addresses a critical gap in our legal system by putting in place a necessary safeguard that will protect survivors from being further traumatized in the courtroom.”  

The U.S. Supreme Court has held that people accused of crimes may choose to proceed pro se, which waives their federal and state constitutional right to representation by legal counsel in favor of self-representation in the courtroom. However, these proceedings can be retraumatizing for survivors of sexual and domestic violence because the pro se defendant can question them directly at trial or during preparation for it. 

“Hearing these voices gives us a better understanding of the failures that lead to these horrific situations,” said Rep. Chris Stearns (D-Auburn), sponsor of the companion bill in the House of Representatives. “By promoting victim-centered and trauma-informed responses, we aren’t just strengthening our criminal justice system, we’re strengthening our society.” 

Abigail Echo-Hawk (Pawnee), executive vice president of Seattle Indian Health Board and director of its research division, Urban Indian Health Institute, testified in support of the bill during its public hearing Jan. 26. Echo-Hawk described witnessing a pro se defendant, who was ultimately convicted and sentenced to 46 years in prison for drugging and raping multiple women, retraumatize survivors by cross-examining them directly for several days. 

“The pursuit of justice should never be a second act of victimization,” Echo-Hawk said. “The legal system is being weaponized against victims of sexual violence, compounding trauma. SB 6017 preserves a defendant’s rights while balancing the rights of victims who endure preventable trauma in cross-examination by their accused perpetrator.” 

The bill also provides survivors of female genital mutilation (FGM) certain rights under the Victims of Sexual Assault Act, also known as the Sexual Assault Survivor Bill of Rights. In Washington, about 25,000 women and girls are living with or at risk of experiencing FGM, making Washington one of the top 10 states with the highest at-risk populations in the country. 

The bill proposes changing the term “sexual assault survivor” to “sexual violence survivor” in the Victims of Sexual Assault Act to extend FGM survivors the same statutory rights as sexual violence survivors. This includes the right for survivors to be informed about their potential eligibility to receive benefits through the Crime Victim Compensation Program, to be informed about the status of the investigation and related prosecution, to receive interpretation services, and more. 

Absa Samba, a founding member of the Washington Coalition to End FGM/C, said in testimony that the bill is an opportunity to give FGM survivors equal access to resources and services as other survivors of sexual and gender-based violence. 

“FGM is recognized internationally as a form of gender-based violence and sexual violence, and yet, there are gaps between this understanding and services and resource allocations for survivors in our state,” Samba said. “As a survivor who also works on this issue, I cannot tell you where to go to get services when it is needed or to get the support for survivors in our state. That is because it doesn’t exist.” 

The bill also would align state law for minors consenting to forensic exams, ensuring survivors can get timely access to the care and support they need. Under current state law, minors who are 13 years or older may consent to sexual assault forensic exams, and the bill would grant those same consent rights in situations of domestic violence involving nonfatal strangulation. 

The bill would also extend the Sexual Assault Forensic Examination (SAFE) Best Practices Advisory Group until 2028, as well as shift its purpose to recommending actionable, trauma-informed, survivor-centered policies related to preventing and addressing all forms of sexual violence. 

Lauren Vlas, a senior policy analyst for the Washington State Attorney General’s Office, said in testimony that that office supports reauthorizing and redesignating the SAFE Advisory Group, especially because its recommendations have led to meaningful legislative action. 

“The Attorney General’s Office is in full support of continuing the SAFE Advisory Group. This group achieves results for victims and survivors. You [the Legislature] have acted on over 40 of the advisory group’s recommendations, resulting in eliminating the backlog of over 10,000 previously untested sexual assault kits, providing trauma-informed training for investigators, enacting a survivor’s bill of rights, and much more,” Vlas said. “Despite these accomplishments, there’s a lot more work to do to ensure that victims have equitable and consistent access to sexual assault exams and the support services they need.” 

The bill now heads to the Senate Ways & Committee for further consideration.