In 2007, Michael Simons was convicted on three counts of rape, sodomy, unlawful sexual penetration and sexual abuse. He confessed to committing all of the crimes, but the Oregon Supreme Court overturned the case because the three elderly female Alzheimer’s patients, who were molested, were physically unable to testify.
Simons’ case highlighted the challenge of prosecuting perpetrators of sex crimes that are committed against vulnerable populations. In response to sexual assault cases similar to Simons’ case, Rep. Sara Gelser drafted House Bill 2441 to create more accessibility in the criminal justice system for vulnerable victims of sex crimes. Several states have adopted similar laws in order to assure vulnerable victims’ voices are heard.
Although it is up to the judge’s discretion on what constitutes vulnerable victims, they typically include young children, people with developmental disabilities and elderly victims.
The bill allows confessions to be admitted into evidence in sexual assault cases against children and adult victims if the judge concludes the victim is unable to testify in court. Under current Oregon law, a defendant cannot be convicted of a crime based solely on an uncorroborated confession. Some other proof must exist to prove the defendant is guilty.
The rule was intended to protect against the possibility of false confessions, but Christine Herrman, executive director of the attorney general’s Sexual Advocacy Task Force, said that in cases dealing with defenseless victims, the law doesn’t protect – it damages.
“It is all too typical and all too common that a perpetrator is not convicted because of a set of rather antiquated rules,” she said. “It is really sad when a victim’s voice isn’t validated.”
Gelser said the bill would set a delicate balance between protecting the due process rights of the defendant and protecting the rights of vulnerable victims of sex crimes.
“Too often, these heinous crimes are not prosecuted because the victims cannot testify,” Gelser said in a statement. “When the defendant has confessed, it is heartbreaking that justice cannot be served because of the victim’s inability to testify.”
Simons’ case was not the only one that inspired Gelser to take action. In 2008, the Oregon Supreme Court overturned a sexual sodomy case that involved a toddler. Once again, the defendant admitted to the crime and was not convicted because the toddler was unable to testify in court.
The Oregon Supreme Court stated the case required it to confront the difficult problem that arises when victims in a confessed crime are incapable of recounting or perceiving the injury or harm that was done to them.
“House Bill 2441 is a really important step in protecting vulnerable victims of sexual crimes. There are few protections in place for people who don’t have the resources to protect themselves,” said Rebecca Sprinson, sexual violence prevention and educational coordinator at the ASUO Women’s Center. “It is certainly not enough, but it is a step in the right direction.”
Gelser said sexual assault against vulnerable populations is much more common than people would like to admit.
Gelser said one in four residents in state-funded group homes have been sexually assaulted by a caregiver. In addition, at least 80 percent of women with a developmental disability will experience sexual assault in their lifetime, and half of those women will be assaulted more than 10 times.
“Because of their disability, many of these victims are not able to corroborate a confession in court,” Gelser said. “This bill will accommodate for that and increase their chances of seeking justice.”
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