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Senate Judiciary hears HB 369 on misdemeanor sexual‑assault prosecutions; sponsors seek to limit repeat testimony for victims
Summary
HB 369 would require early choice of forum in certain misdemeanor sexual‑assault cases to avoid victims, particularly minors, facing a second criminal trial; sponsors and advocates urged support at a Senate Judiciary hearing.
The New Hampshire Senate Judiciary Committee heard testimony on HB 369, legislation that would change the procedure in some misdemeanor sexual‑assault prosecutions so defendants must elect a path that prevents child victims from being called to testify twice in successive proceedings.
Representative Kelly Potenza, prime sponsor in the House, described the bill as a response to delays and procedural quirks that can force victims — often minors — to endure repeated court appearances years after an incident. Potenza recounted a personal example involving her daughter and said the current process can leave victims "retraumatized twice."
Pamela Kiley of the New Hampshire Coalition Against Domestic and Sexual Violence told the committee the bill would "streamline court proceedings in very specific cases involving minor survivors of sexual assault" and said offenders in domestic and sexual violence cases sometimes "use the court process to delay justice and further perpetuate abuse." Kiley referenced research indicating the "average age of disclosure is, 52," and argued the bill would help limit repeated courtroom trauma for child victims.
The measure would require a defendant to decide at an early stage whether to proceed in circuit court with a bench trial or to seek immediate review in superior court for a jury trial, a procedural choice intended to avoid successive trial obligations for victims. Committee members asked clarifying questions about existing statute and how the defendant's choice would operate in practice; no formal committee vote was recorded in the public hearing record.
Supporters asked the committee to advance HB 369 so the Legislature can address the additional stress put on child survivors by long delays and multiple proceedings. Prosecutors or court representatives did not present testimony at this hearing; the committee indicated it might call additional witnesses at a later date.
