A bill that would change the scope of an Alaska sexual assault law had its first committee hearing yesterday. Democratic Juneau Rep. Sara Hannan’s bill, introduced this year, would alter a law that specifically criminalizes sexual assault by a medical provider.
As it stands now, a key part of the legal definition of sexual assault by a medical provider requires that the alleged victim isn’t aware of sexual contact happening at the time that it occurs.
Hannan’s bill, if passed, would eliminate that stipulation. The bill was heard in the House Health and Social Services committee Tuesday.
“It stems from a very high profile sexual assault case that happened here in Southeast. The case was tried in Juneau last fall,” Hannan said. “And it became apparent there was a loophole in the law, and a couple of the victims’ cases could not be pursued.”
That case involves more than a dozen former patients — predominantly Alaska Native women — who accused chiropractor Jeffrey Fultz of sexual assault under the guise of medical care while he worked at Southeast Alaska Regional Health Consortium in Juneau.
The bill comes after the sexual assault trial against Fultz ended with two acquittals and 14 charges declared mistrials in September. Although Fultz wasn’t found guilty, those charges are still active and he could stand trial again.
But shortly after the jury returned their verdict, the judge in the case dismissed one of those remaining charges.
Judge Larry Woolford ruled that one of the alleged victims’ testimony didn’t match the legal definition of the sexual assault by a medical provider charge. The acquittal order said the charge was dismissed because she was aware that the contact she received was “sexual and that it was not part of legitimate medical treatment.”
The jury in the trial acquitted charges associated with S’eiltin Jamiann Hasselquist, who testified on behalf of the bill Tuesday.
“Awareness does not mean consent,” she said. “Awareness does not mean a patient feels safe enough to stop what is happening or challenging a medical provider, that gap allowed the person who harmed me to avoid accountability.”
After spending 10 minutes hearing the bill, the House Health and Social Services committee put it aside to continue at a later date. As of Wednesday morning, Hannan’s staff said the bill’s next hearing hadn’t been scheduled yet.
While Fultz would not be tried under the altered law if HB 242 passes, it would close that loophole in any future cases of sexual assault by a medical provider.
Since the trial ended with a hung jury in September, the court assigned Fultz to a public defender. Public defender Nico Ambrose is Fultz’s third attorney, and says he needs more time to prepare to go to trial again.
The next readiness hearing in the case is scheduled for April 15.
Correction: A previous version of this story misstated the outcome of Hasselquist’s charge. Judge Woolford dismissed another alleged victim’s charge based on this stipulation.
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