Mississippi Today
Bills to bring Mississippi rape laws into 21st Century move to Senate
Bills to bring Mississippi rape laws into 21st Century move to Senate
Two measures aimed at helping rape survivors get justice have unanimously passed the state House and are before the Senate, where they were killed without a vote last year.
But Lt. Gov. Delbert Hosemann, who oversees the Senate, on Wednesday voiced support for the measures, which could help their chances greatly.
“The lieutenant governor supports the bills and is encouraging the chairmen to bring them out of committee,” said spokeswoman Leah Rupp Smith.
House Bill 485, authored by Rep. Angela Cockerham, I-Magnolia, would standardize the handling, timely testing and tracking of sexual assault evidence or “rape kits” in Mississippi. Unlike 36 other states, Mississippi has no statewide rules and advocates say there is a large — albeit unknown due to lack of tracking — backlog of unprocessed rape kits. It would also give survivors the right to know the status of their kits.
House Bill 995, authored by Rep. Dana McLean, R-Columbus, would remove archaic, misogynistic language from the 1800s from Mississippi’s rape and sexual battery laws and remove a spousal defense for those who commit marital rape. The bill would clarify the definition and elements of rape and sexual assault, replacing passages such as “assault with the intent to forcibly ravish a female of previously chaste character.”
Sandy Middleton, director of the Center for Violence Prevention, said, “Mississippi has a backlog of rape cases, but it’s not at the crime lab. The kits are sitting in hospital emergency room refrigerators or the trunk of police cruisers.”
Middleton and other advocates said statistics are scant, but one review showed that from 2019 through 2021, only 20 rapes were prosecuted in Mississippi. While there are problems finding statistics on reported rapes, one national report said Mississippi had 1,148 reported cases in 2020.
A 2019 Associated Press report said that at the time there was a backlog of 600 rape kits that had not been DNA tested.
Middleton said a Jackson area hospital recently reported that it had 50 rape kits in a refrigerator awaiting law enforcement to pick them up, and some had been there for a year and a half. Of those, 15 were from cases where children were raped.
Besides lack of testing of evidence, Mississippi’s antiquated rape laws hinder prosecution.
McLean said she believes many prosecutors use the state’s sexual battery laws instead of the rape statute with harsher penalties because the latter’s language is so antiquated.
READ MORE: Lawmaker continues bid to remove archaic, misogynistic language from state rape, sexual battery laws
McLean’s bill would delete language in the law that says a person would not be guilty of rape or sexual battery if the alleged victim was the defendant’s legal spouse at the time of the offense and the couple is not separated and living apart. It would also change law that said a legal spouse may be found guilty of sexual battery if the spouse engaged in forcible penetration without the consent of the alleged victim. McLean said because current law uses language such as “forcible” and “consent,” this could be used as a defense if a spouse was incapacitated, such as passed out drunk or on drugs.
Although since the early 1990s every state recognizes marital rape as a crime, some including Mississippi still have laws on the books that either provide protection for the perpetrator or lesser penalties.
Both bills recently passed the House unanimously. But they both passed the House overwhelmingly last year as well, only to die in Senate committee.
Advocates supporting the bills, flanked by several House and Senate lawmakers, held a press conference on the measures on Wednesday. They said Senate Judiciary A Chairman Brice Wiggins, who’s been assigned the rape kit bill, has worked with them and appeared supportive. Wiggins did not respond to a request for comment on Wednesday.
House Bill 995 to remove archaic and misogynistic language and a spousal rape defense from the law has been assigned again to Senate Judiciary B Chairman Joey Fillingane’s committee. Last year, after he let the bill die without a vote in his committee, Fillingane said he agreed with the bill’s intent, but said there were numerous bills in both chambers aimed at changing rape and assault laws. He said he wanted to have hearings out of session and make sweeping changes instead of having multiple different bills.
Fillingane on Wednesday was noncommittal on whether he would take the bill up for a vote in committee this year, only that, “We are certainly looking at it and studying it.” He said he has not had hearings or drafted sweeping changes to rape and assault laws, but is doing such work with other older state code. He said the rape code McLean’s bill aims to update “is very outdated and the whole section is in need of a revision.”
Advocates on Wednesday said rape survivors want justice and deserve to know the status of testing in their case.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1997
Dec. 22, 1997
The Mississippi Supreme Court upheld the conviction of white supremacist Byron De La Beckwith for the 1963 murder of Medgar Evers.
In the court’s 4–2 decision, Justice Mike Mills praised efforts “to squeeze justice out of the harm caused by a furtive explosion which erupted from dark bushes on a June night in Jackson, Mississippi.”
He wrote that Beckwith’s constitutional right to a speedy trial had not been denied. His “complicity with the Sovereignty Commission’s involvement in the prior trials contributed to the delay.”
The decision did more than ensure that Beckwith would stay behind bars. The conviction helped clear the way for other prosecutions of unpunished killings from the Civil Rights Era.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Medicaid expansion tracker approaches $1 billion loss for Mississippi
About the time people ring in the new year next week, the digital tracker on Mississippi Today’s homepage tabulating the amount of money the state is losing by not expanding Medicaid will hit $1 billion.
The state has lost $1 billion not since the start of the quickly departing 2024 but since the beginning of the state’s fiscal year on July 1.
Some who oppose Medicaid expansion say the digital tracker is flawed.
During an October news conference, when state Auditor Shad White unveiled details of his $2 million study seeking ways to cut state government spending, he said he did not look at Medicaid expansion as a method to save money or grow state revenue.
“I think that (Mississippi Today) calculator is wrong,” White said. “… I don’t think that takes into account how many people are going to be moved off the federal health care exchange where their health care is paid for fully by the federal government and moved onto Medicaid.”
White is not the only Mississippi politician who has expressed concern that if Medicaid expansion were enacted, thousands of people would lose their insurance on the exchange and be forced to enroll in Medicaid for health care coverage.
Mississippi Today’s projections used for the tracker are based on studies conducted by the Institutions of Higher Learning University Research Center. Granted, there are a lot of variables in the study that are inexact. It is impossible to say, for example, how many people will get sick and need health care, thus increasing the cost of Medicaid expansion. But is reasonable that the projections of the University Research Center are in the ballpark of being accurate and close to other studies conducted by health care experts.
White and others are correct that Mississippi Today’s calculator does not take into account money flowing into the state for people covered on the health care exchange. But that money does not go to the state; it goes to insurance companies that, granted, use that money to reimburse Mississippians for providing health care. But at least a portion of the money goes to out-of-state insurance companies as profits.
Both Medicaid expansion and the health care exchange are part of the Affordable Care Act. Under Medicaid expansion people earning up to $20,120 annually can sign up for Medicaid and the federal government will pay the bulk of the cost. Mississippi is one of 10 states that have not opted into Medicaid expansion.
People making more than $14,580 annually can garner private insurance through the health insurance exchanges, and people below certain income levels can receive help from the federal government in paying for that coverage.
During the COVID-19 pandemic, legislation championed and signed into law by President Joe Biden significantly increased the federal subsidies provided to people receiving insurance on the exchange. Those increased subsidies led to many Mississippians — desperate for health care — turning to the exchange for help.
White, state Insurance Commissioner Mike Chaney, Gov. Tate Reeves and others have expressed concern that those people would lose their private health insurance and be forced to sign up for Medicaid if lawmakers vote to expand Medicaid.
They are correct.
But they do not mention that the enhanced benefits authored by the Biden administration are scheduled to expire in December 2025 unless they are reenacted by Congress. The incoming Donald Trump administration has given no indication it will continue the enhanced subsidies.
As a matter of fact, the Trump administration, led by billionaire Elon Musk, is looking for ways to cut federal spending.
Some have speculated that Medicaid expansion also could be on Musk’s chopping block.
That is possible. But remember congressional action is required to continue the enhanced subsidies. On the flip side, congressional action would most likely be required to end or cut Medicaid expansion.
Would the multiple U.S. senators and House members in the red states that have expanded Medicaid vote to end a program that is providing health care to thousands of their constituents?
If Congress does not continue Biden’s enhanced subsidies, the rates for Mississippians on the exchange will increase on average about $500 per year, according to a study by KFF, a national health advocacy nonprofit. If that occurs, it is likely that many of the 280,000 Mississippians on the exchange will drop their coverage.
The result will be that Mississippi’s rate of uninsured — already one of the highest in the nation – will rise further, putting additional pressure on hospitals and other providers who will be treating patients who have no ability to pay.
In the meantime, the Mississippi Today counter that tracks the amount of money Mississippi is losing by not expanding Medicaid keeps ticking up.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1911
Dec. 21, 1911
Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia.
When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs.
He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame.
The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays.
Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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