Section 12.61.017. Interference by victim's employer.

   (a) An employer may not penalize or threaten to penalize a victim of an offense because the victim
        (1) is subpoenaed or requested by the prosecuting attorney to attend a court proceeding for the purpose of giving testimony; or
        (2) reports the offense to a law enforcement agency or participates in the investigation of the offense by a law enforcement agency.
   (b) A person who violates (a) of this section is guilty of a violation.
   (c) A victim who suffers a pecuniary loss as a result of an employer's act prohibited by this section may bring a civil action to recover actual damages and punitive damages of three times the actual damages sustained.
   (d) In this section, "penalize" means to take action affecting the employment status, wages, and benefits payable to the victim, including
        (1) demotion or suspension;
        (2) dismissal from employment; and
        (3) loss of pay or benefits, except pay and benefits that are directly attributable to the victim's absence from employment to
             (A) attend the court proceeding;
             (B) report the offense to a law enforcement agency;
             (C) participate in a law enforcement agency investigation of the offense.

Authorities

12.61.010

Notes

Recent Bills that will modify this

HB 60 MILITARY: SEXUAL ASSAULT
SB 25 MILITARY: SEXUAL ASSAULT
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 12.61.010 Rights of crime victims.

History

(Sec. 9 ch 59 SLA 1989; am Sec. 96, 97 ch 36 SLA 2016)