Written by Carol Fraser, KC Hostetler, and Ivy Cerdena
Updated: 1 minute ago, Published: 36 minutes ago
Why are Alaska crime victims expected to shoulder the heaviest burdens, endure the most trauma, and experience the most frustration of all participants in Alaska's criminal justice system?
The obvious answer is: “You absolutely shouldn't.”
Yet, for some reason, under current Alaska law and court rules, victims of felonies must testify in criminal grand jury proceedings and relive perhaps the worst day of their lives. I will do it. This means that raped women often testify again just days or weeks after the rape, even though the information has already been provided to law enforcement, prosecutors, medical personnel, and judges. It means being forced to.
Even in property crimes, theft, motor vehicle theft, and other felonies, the completely unnecessary burden of appearing in grand jury proceedings is placed on victims. why? The victim did nothing wrong! But it is the victims who are asked to repeat their stories over and over again for no purpose. This ridiculous requirement contributes to court backlogs, slows proceedings, harms victims, obstructs justice, and increases costs to the state, all of which are completely unnecessary.
The entire purpose of the criminal grand jury process is to determine whether there is enough evidence to go to trial. That's all. This is not a place for prosecution, a place to confront your accusers, or a place to decide guilt or innocence. The defendant was not present and there is no reason for the victim to be present.
Many states do not have grand jury proceedings at all. The prosecutor simply presents evidence to the judge, who then decides whether there is enough evidence to proceed to trial. In states that have grand jury proceedings, most states, including the federal government, do not require victims to attend grand jury proceedings. Alaska's requirements are among the strictest in the country for victims.
This absolutely has to change.
This change was made by Standing Together Against Rape (STAR), Victims for Justice (VFJ), Alaska Network on Domestic Violence and Sexual Assault (ANDVSA), Catholic Social Services, Child Advocacy Center, Covenant House, and My House Mat. It is supported and made a priority. -Sue, and much more.
This one public policy change, made at no cost to the state, would help 6,000 to 7,000 Alaskan victims each year by removing the requirement for victims to appear in criminal grand jury proceedings, plus can have an impact. What's most surprising to us is that this simple change hasn't been made yet.
Please join us in calling every member of the Alaska Legislature immediately to urge them to make this change before they leave Juneau this year.
This is the right thing to do for victims, for Alaska, and for justice. And it's needed right now.
Carol Fraser, KC Hostetler and Ivy Seldena work together in the tourism industry and also serve on the Trend Alaska Fashion Show Committee. Trend Alaska Fashion Show partnered with Victims for Justice on the February 17th show to raise money, awareness and advocacy for victims of violent crime. Carol is the founder of Trend Her Alaska Fashion Show and has lived in Alaska for 41 years. KC has lived in Alaska for 22 years. Ivy was born and raised in Alaska, where she has lived for 32 years.
The views expressed here are those of the author and are not necessarily endorsed by the Anchorage Daily News, which welcomes a wide range of viewpoints. To submit your work for consideration, please email comment(at)adn.com. Submissions of less than 200 words should be sent to letters@adn.com or click here to submit via your web browser. Read our full letter and comment guidelines here.