CONCORD, N.H. (AP) - Gov. Chris Sununu is voicing support for legislation to strengthen New Hampshire’s rape shield law amid concerns House lawmakers may try to water it down.
The legislation stems from the case of Seth Mazzaglia, who was convicted of murdering University of New Hampshire student Elizabeth “Lizzi” Marriott, of Westborough, Massachusetts, in 2012. Mazzaglia’s lawyers wanted to introduce evidence about Marriott’s sexual past during the appeals process. The state Supreme Court initially ruled the evidence would be allowed, but later reversed after public outcry.
The incident revealed loopholes in the law that Marriott’s family, lawmakers and victims’ advocates are now looking to fix.
The bill, as passed by the Senate, defines what counts as “sexual activity” and says past sexual history isn’t admissible at any level of court proceedings. It does still give the Supreme Court power to admit evidence on a case-by-case basis.
Sununu, a Republican, said the legislation will “help ensure another family does not go through the painful and lengthy legal battle the Marriott family has had to undertake to protect their daughter’s privacy.”
A House committee will take up the bill Tuesday, and some members may be looking to strip out the definition of “sexual activity.” Advocates say the move would make it harder for victims to protect their privacy.
Bob Marriott, Lizzi’s father, sent an email to lawmakers Monday urging them not to amend the bill.
“I didn’t want to have to put my family in the limelight yet again,” he wrote. “However, my conscience forces me to take up the mantle and fight for other victims to spare them some of the indignities that my family has had to suffer through.”
Prosecutors say Mazzaglia strangled Marriott after she rejected his sexual advances, then dumped her body in a river. Mazzaglia had argued the death was accidental and the sex was consensual. In his appeal, Mazzaglia’s attorneys argued Marriott’s sexual history was relevant as jurors decided whether the act could have been consensual.
Under the bill, sexual activity includes “thoughts or expressions” related to sexual issues, whether someone uses birth control or living arrangements and lifestyle choices that relate to sexual activities.
House Republicans previously rejected defining “sexual activity” in a similar bill this year. Marriott’s parents and advocates say the language would offer judges clear guidelines on what is permissible and help ensure victims’ privacy. Several key members of the House Judiciary Committee could not be reached to comment on whether they planned to amend the bill.
House Speaker Shawn Jasper supports the legislation without any amendments, House Chief of Staff Terry Pfaff said.
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This story has been corrected to show the House committee rejected adding language that defines sexual activity to the bill. It did not remove the language.
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