Showing Compassion Towards Women
The Women’s Legislative Caucus was created over twenty years ago, and is comprised of all of the female legislators in both the House and the Senate of the Hawaii State Legislature.
Each year the Caucus meets to create a package of bills relevant to women in the State of Hawaii. This year, the package is dedicated to Dr. Tricia Wright, founder of The Path Clinic, who embodies the 2011 theme of “Compassion”; compassion towards women, showing mercy and tenderness for our mothers and daughters.
The package contains fifteen legislative priorities which are summarized below:
HB 127/ SB 218. Sexual assault, or rape, is a crime that is violent, traumatic and the ultimate intimate violation in which a woman loses all sense of personal control, decision-making and dignity. Physically and psychologically, she is ripped apart. Statistics show that approximately 5-8% of rapes result in pregnancy. Hawaii’s emergency room facilities lack any clear policy on emergency contraception (EC). According to Katie Reardon, Director of Planned Parenthood of Hawaii, the Coalition for Compassionate Care for Sexual Assault Victims (CCSAV) distributed a survey to 26 emergency departments in Hawaii. Of the 15 surveys returned, only six respondents were aware that their facility had a clear policy on EC. Only four facilities said that they have a clear policy and always offer it to victims of sexual assault. Three hospitals said they never dispense EC. Two responded that they only provide EC if the patient has a prescription and two facilities said EC is only offered some of the time.
The bill requires hospitals and providers of emergency medical care to provide survivors of sexual assault with medically and factually accurate, unbiased information regarding emergency contraception about sexual assault treatment options and access to emergency contraception.
The heavily debated issue invites different views. Some religious groups define conception as the moment the egg becomes fertilized. Some religious healthcare providers fear EC interferes with implantation of a fertilized egg, but the medical definition of pregnancy is when the ovum implants in the uterine lining. Emergency contraception is not the abortion pill; it is a contraceptive, so it does not affect an established pregnancy. It has been 16 years since the American Medical Association said that EC was the accepted standard of care for rape victims. Legislating a basic standard of care is more than overdue, and we cannot look the other way when it comes to sub-standard care.
Sanctions won’t be issued for violations occurring before July 1, 2012, allowing hospitals to organize their policies. To advocates for women, this is not about religion or abortion; it is basic health compassionate care that is the accepted standard. Fifteen states and the District of Columbia (AR, CA, CO, CT, DC, IL, MA, MN, NJ, NM, NY, OR, SC, UT, WA, WI) have adopted similar legislation.
HB 131/ SB 219. The bills show compassion towards pregnant inmates by prohibiting shackling. “Handcuffing a woman to a gynecological table while she’s either giving birth or being examined is not only dangerous, but the ultimate degradation,” says Ann Freed, co-chairwoman of the Hawaii Women’s Coalition. This measure requires any restraints used be the least restrictive, but, in no case, shall leg irons or wrist chains be used. No correction personnel shall be present in the room during labor or childbirth; if correction personnel presence is required, it shall be female if practicable. According to the Rebecca Project, 36 states received a grade ranging from ‘D’ to ‘F’ for the use of restraints; Hawaii received a grade ‘D’. Ten states have enacted such legislation. In terms of enforcement, the director shall provide information to staff and notice shall be posted in conspicuous locations.
HB 135/ SB 223. These measures are an effort to protect women by closing a dangerous and potentially deadly loophole in Hawaii’s domestic violence law. This is a top priority for the Honolulu Police Department (HPD). In cases where the respondent is served the temporary restraining order (TRO), but does not appear at the Order to Show Cause Hearing (OSC) where the Protective Order is granted. The approval of the PO makes the TRO no longer enforceable, meanwhile the PO is not enforceable until it has been served. Batterers are often aware of this gap in the system and are intentionally absent from the OSC to avoid service of POs, leaving domestic violence survivors vulnerable. This bill would address those who evade legalities and manipulate the systems intended to protect the victim. A recent example of this issue took place on January 26 where Mario Ruiz, riding on the hood of his ex-girlfriend’s car, armed with brass knuckles, hit the driver in the head as she attempted to get away. Ruiz had stalked the woman and her new boyfriend and sent harassing messages. The woman had obtained a restraining order on January 24 but police had not served Ruiz the order. HB 135/ SB 223 allows a TRO to remain in effect for 90 days or until service of a PO, whichever occurs first, and amends the law to provide that protective orders orally stated by the court on the record shall be effective upon service on the respondent.
Lastly, HB 138/ SB 220 requires the department of public safety to establish a statewide automated victim notification system providing crime victims with current information regarding the offender’s custodial status. Notification is provided via telephone or electronic mail transmission when the offender is transferred or assigned to another facility, agency outside the state, is released on temporary leave, discharged or has escaped. Crime victims will also be notified of an upcoming parole hearing or change in parole or supervision status. This bill will further protect women from being re-victimized, providing a victim some peace of mind.
The members of the Women’s Legislative Caucus are proud to say that, despite differences in opinion on some issues, caucus members have maintained a viable organization over many years in the Hawaii State Legislature and are proud of our efforts to better the quality of life for women in Hawaii.
