Dear Sir/Madam,

We urgently seek your attention to address the inherent unfairness and injustice within NH RSA 632-A:6, a law that has been causing immense harm and devastation. We implore you to consider our plea, supported by our personal experiences and thorough research, as someone we hold dear has been falsely accused, convicted, and imprisoned for crimes they did not commit.

We acknowledge the challenges faced in prosecuting sexual assaults, where witnesses and physical evidence may be absent. We understand the importance of supporting victims, many of whom know their assailants and may refrain from reporting the crimes. However, we firmly believe that the current wording of the law leaves room for false allegations stemming from misunderstandings or malicious intent. This issue strikes a chord deep within our hearts.

When someone is wrongfully accused of sexual assault, their life is irreparably shattered, regardless of their actual guilt. Their families and communities are torn apart as well. Shockingly, there are men who have been falsely accused, convicted, and sentenced for sexual assaults they did not commit. Statistics estimate that approximately 2 percent of the prison population comprises those who have been unjustly convicted and incarcerated. Though this figure may seem small, we firmly believe that even a single false conviction is an atrocity too grave to tolerate.

Numerous individuals accused of sexual assault face vague timelines, leaving room for interpretation regarding when the alleged assault occurred. There is no requirement for the victim to provide specific dates, and they are even permitted to change the dates they originally reported to authorities. This flexibility impedes the accused from presenting alibis, eyewitness testimony, or other evidence to support their innocence, thereby obstructing their constitutional right to a robust defense.

Additionally, current standards fail to define specific age ranges for minor sexual assault victims. The broad range includes children as young as four to six years old, as well as adolescents aged 12, 13 to 15, and 16 to 17. Furthermore, the credibility of the accused and the alleged victim is not weighed equally. While positive character references and physical presence in court can support the accused, the alleged victim's character is disregarded, even if they have a history of juvenile delinquency that would cast doubt on their credibility in any other legal setting. NH RSA 632-A:6 effectively presumes the accused guilty until proven innocent.

In 2017, an attempt was made to challenge this law through H.B. 106, but it was understandably tabled to avoid hindering victims from reporting assaults. Nevertheless, men who are falsely accused, convicted, and sentenced are forced to register as sex offenders and must "admit" guilt to gain access to rehabilitation programs. These programs offer the possibility of parole or release at the end of their sentences. The mandatory appeal process for criminal trials can take up to two years, leaving these individuals imprisoned during the duration. Their families suffer from the loss of income, often becoming social outcasts due to guilt by association. The accused lose their support systems, their homes, and future employment prospects.

Despite enduring a lengthy trial, spanning 2 to 3 years due to pandemic delays, I remained in my community, abided by my responsibilities, and struggled to provide child support, despite being denied access to my children due to the allegations.
The principle of "Innocent until proven guilty" has been flagrantly disregarded in my case. I am innocent, yet I was branded guilty without any requirement for evidence!

We reiterate that our intention is not to impede victims from seeking justice. We simply seek fairness for alleged offenders, ensuring that legitimate information regarding the accusations and charges is provided. Innocent individuals should not become collateral damage for the sake of the "greater good." We implore you to thoroughly investigate this matter and engage with those
of us who have witnessed the devastating impact of false accusations, wrongful convictions, and unjust sentences. Our voices must be heard.

We understand the importance of addressing sexual assault and supporting genuine victims. However, it is crucial to strike a balance that upholds the principles of justice and protects the rights of the accused. By advocating for reforms to NH RSA 632-A:6, we aim to bring about a fairer legal system that takes into account the complexities and nuances of these cases.
We urge you to consider the following changes to the law:
Introduce safeguards for the accused: It is imperative to establish measures that ensure the accused are not subjected to a presumption of guilt. Requiring corroborating evidence or additional testimonies would help prevent false accusations and protect innocent individuals from wrongful conviction.

Specify age ranges for minor sexual assault victims: The law should provide clear guidelines on age categories to ensure that appropriate legal standards are applied based on the age of the alleged victim. Treating a 16-year-old victim the same as a four-year-old fails to acknowledge the significant developmental differences and impacts the credibility of the accusation.

Assess the credibility of both parties: In the pursuit of justice, it is essential to evaluate the credibility of both the accused and the alleged victim. Considering the character, history, and reputation of both parties would create a fairer legal environment and prevent potential bias.

Streamline the appeal process: The mandatory appeal process for criminal trials should be expedited to prevent extended periods of imprisonment for those who have been wrongfully convicted. Timely resolution of appeals is crucial in preserving the rights and dignity of the accused.

Provide support for the families of the accused: Innocent individuals should not bear the burden alone. Implementing programs to assist families financially, emotionally, and socially during the trial and appeal process would help mitigate the severe consequences they face due to the false accusations.

We implore you to address the flaws and injustices within the current law. By championing fairness, ensuring due process, and protecting the rights of the accused, we can create a legal system that upholds justice for all parties involved.
We kindly request your attention and consideration in bringing about these vital changes. We are prepared to share our personal stories and engage in a constructive dialogue to shed light on the urgent need for reform. Let us work together to build a more equitable and just society.
Sign the Petition
CHANGE.ORG
Sign the Petition
GUILTY UNTIL PROVEN INNOCENT ...

 
 
change.org
Sign the Petition
GUILTY UNTIL PROVEN INNOCENT ...