Addressing a Legal Gap in Alaska

Alaska lawmakers are currently reviewing legislation aimed at closing a significant loophole in state law that complicates the prosecution of medical providers accused of sexual assault. The proposed bill, sponsored by Democratic Representative Sara Hannan, seeks to remove the requirement that a victim must be “unaware” of sexual contact during a medical procedure to qualify as a crime.

The Catalyst: The Jeffrey Fultz Case

The push for this legislative change follows the high-profile case of Juneau chiropractor Jeffrey Fultz. Fultz faced numerous charges of assaulting patients during treatment; however, a jury acquitted him on two counts and resulted in mistrials for 14 others. One charge was later dismissed by a judge, and the state is currently preparing to retry him on eligible charges, with a hearing set for April 15.

Former patient Jamiann S’eiltin Hasselquist, who testified in support of the bill, expressed disbelief when charges related to her case were dismissed. She emphasized that a patient’s awareness of an assault does not equate to consent, noting that professional power dynamics often prevent victims from feeling safe enough to stop or challenge a provider during an examination.

The Legal Impact of the Proposed Change

Under current statutes, prosecutors struggle to secure convictions if a victim testifies that they were aware of the assault as it occurred. Senior Assistant Attorney General Casey Schroeder noted that if the bill passes, it would allow for higher penalties by acknowledging the abuse of power inherent in these situations. However, officials clarified that this change would not retroactively apply to the Fultz case.

Historical Context of Alaska’s Sexual Assault Laws

The current “unaware” language was actually introduced in 1992 as part of the Anti-Violent Crime Act, following the conviction of gynecologist Kenneth Ake. At the time, advocates like Lauree Morton believed the language would strengthen protections for victims. Decades later, the legal community recognizes that this specific phrasing has inadvertently created a barrier to justice.

Focusing on the Current Solution

While some lawmakers have discussed broadening the scope of the bill to address other legal issues, Representative Hannan remains focused on the specific goal of removing the “unaware” clause. Advocates like Christina Love have urged the legislature to pass the bill in its current form to provide immediate relief to survivors, while acknowledging that further reforms to sexual assault laws may be necessary in the future.