Sexual assault victims advocate for HB73 at legislative session

Editor’s note: This article contains sensitive information that may not be suitable for all readers.

SANTA FE — On Tuesday afternoon, Dr. Alexandra Garcia sat nervously behind a large, oak table, fidgeting with her fingernails. Room 317 at the New Mexico State Capitol Building was starting to fill up with community members, advocates and media, and Garcia was preparing to share the most painful, intimate details of her life with complete strangers.

To her right sat Rep. Marianna Anaya (District 18), the main sponsor for House Bill 73 (HB73), the reason they had all gathered.

(Additional sponsors include Elizabeth “Liz” Thomson, Katy M. Duhigg, Nicole Chavez and E. Diane Torres-Velásquez.)

Across the room, the House Consumer & Public Affairs Committee (HCPAC) settled into their seats and prepared to hear comments on HB73, also known as the “Survivors’ Justice Act,” which seeks to eliminate the statute of limitations for reporting childhood sexual abuse.

After a brief introduction from Anaya, it was finally time for Garcia, “Lexi” to her many friends, to share her story.

Garcia has been a vocal advocate for HB73 since first sharing her story in an Instagram reel on Jan. 13.

“When a survivor finds their voice, they should be met with systems that support them on their journey to justice,” Garcia said in that post. “The decision to come forward should not be dictated by unjustly restrictive laws, insurance companies, or public/private sectors with immunity.”

Now, less than a month later, Garcia was finally getting a chance to speak directly to the HCPAC about her experiences as a Rio Rancho High School student in the late 2000s.

She cleared her throat, checked the microphone, and then began to share her story.

“High school in Rio Rancho, for me, was not marked by ‘Friday night lights’ or wondering if my car could make it up the mesa. What defines my coming of age is a man I trusted who stole my childhood by raping me for two years,” Garcia told the HCPAC. “Today, he is still in education and still dangerous.”

The teacher in question is no longer employed with RRPS, RRPS Interim Executive Director of Communications told the Observer by email.

“Rio Rancho Public Schools is aware of recent reports alleging inappropriate conduct by a former teacher that occurred more than a decade ago. It is important to clarify that the district was not made aware of these allegations until many years after the reported misconduct took place. However, RRPS responded promptly when the alleged misconduct was finally reported in 2022,” the email statement said.

“Upon learning of the situation, the district took all appropriate actions available, including reporting the matter to law enforcement and the Public Education Department,” the statement said. “We encourage anyone with information related to this matter or any concerns regarding student safety to report them to the appropriate authorities. The district will continue to fully cooperate with law enforcement and regulatory agencies as needed.”

Garcia spoke in support of HB73, which would eliminate the statute of limitations for survivors of childhood sexual abuse. However, HB73 does have some limitations. The bill, as presently constructed, would not apply to criminal cases, only civil. Additionally, it would not apply to employees of public institutions.

The current statute of limitations states a victim has three years from the time of the first incident or the victim’s 24th birthday to report the assault. In the case of public institutions, the statute of limitations is one year.

“It took 15 years to admit to myself that I had endured sexual exploitation, and longer to admit it to anyone that could help me,” Garcia said. “In my case, this was 14 years too late.”

Garcia read her statement, pausing several times to gather herself, and included words directly from her alleged assailant.

“‘I find that today I am in love with you, Alexandra. And that makes me feel good. It helps relax the feelings that want so much to see you again. To kiss you. To put my mouth on your body. I think of little else.’ His words, repeated in hundreds of emails he sent me, romanticized and justified his criminal conduct,” Garcia read. “... I still feel the association of completing my daily tasks in high school, washing petri dishes as his lab assistant, while his hands were inside of me.”

After Garcia spoke, the HCPAC took public comment. Time constraints limited comments to 12 in-person commenters and two online.

Both online comments and 10 of the in-person comments were in support of HB73.

The other two in-person comments were neutral statements concerning the cost of potential litigation, a concern officially expressed to the HCPAC by the Children, Youth and Families Department.

Among the public speakers were several victims who shared their experiences, a representative from U.S. Rep. Melanie Stansbury’s office, and the mother of a sexual assault victim.

All speakers expressed the need for HB73.

“This bill is a fundamental step toward justice and accountability,” said Sophia Sanchez, deputy chief of staff for Stansbury. “Childhood sexual assault is not just an individual tragedy; it is a public safety crisis.”

Teresa Hassey, an attorney working with Anaya and Garcia, cited several studies to highlight the need for the passage of HB73, pointing out that trauma does not have a timeline.

“The average age for reporting childhood sexual abuse 52 years old,” she said. The National Institutes of Health confirms that number.

After the public comments, Anaya opened the floor to questions from the HCPAC. They each expressed their support for the bill and asked several clarifying questions.

“I just want to make sure this is ironclad,” said Rep. John Block.

HCPAC members include Rep. Joanne J. Ferrary, Rep. Angelica Rubio, Block, Rep. Stefani Lord, Rep. Andrea Romero and Thomson.

After the committee’s questions and concerns had been addressed, the committee gave HB73 a unanimous “do pass” recommendation, without need for a roll call.

Next, HB73 goes to the House floor for debate.