10-15-2024 10:42am

New Mexico AG Proposes Legislation to Strengthen Protections for Crime Victims

Chris Edwards Editor

New Mexico Attorney General Raúl Torrez announced his victim protection legislation for the 2025 general session. New Mexico law establishes protections for victims, but these laws have no enforcement mechanism to make sure the protections are followed. Victims in New Mexico are also subjected to harmful secondary trauma through an arduous pretrial interview process that does not exist in other states. These bills aim to protect minors and adults, including those who have been sexually abused, from excessive pretrial interviews and to amend the Victims Rights’ Act to provide a way to enforce the protections in the Act through civil penalties and civil suits.

“Victims deserve to be at the forefront of our judicial system, and this legislation is a critical step toward ensuring their rights and safety are prioritized,” said Attorney General Raúl Torrez. “For too long, our system has focused on the rights of the accused while victims and their families have been left behind. It’s time to change that and put victims first by providing them with the protection and support they deserve.”

Local advocates, including Krisztina Udvardi, CEO of All Faiths Children’s Advocacy Center, and plaintiff attorneys Mollie McGraw and Michael Hart, who represent crime victims, were present in support of the legislation. State Representatives Meredith Dixon and Tara Jaramillo, who are sponsoring the bills, were also in attendance. Tony Ronga, the father of a sexual abuse victim in the Las Cruces Patrick Howard case, voiced his support for the victims’ rights amendment after experiencing firsthand the impact of these rights violations on his family.

“We all want our neighbors to feel safe in their homes and on our streets. We also want to know that when someone in our community is harmed by crime that they will get the justice they deserve,” said Representative Meredith Dixon (D-Albuquerque). “That’s why I’m proud to be sponsoring legislation that will enhance protections for crime victims under New Mexico’s Victims of Crime Act and help us deliver on the promise of swift and certain justice for all.”

“No one should be forced to relive their most traumatic experiences over and over—yet too often, this is exactly what happens to victims in our criminal justice system,” said Representative Tara Jaramillo (D-Socorro). “Our proposed bill would expand protections for children and victims of sexual assault, while still giving law enforcement the tools they need to investigate serious crimes.”

“I have a story about victims’ rights in New Mexico, specifically involving Patrick Howard, a former educator who sexually assaulted many young victims, including my daughter,” said Tony Ronga. “For seven years, these children were silenced by the justice system, which ignored and disrespected their rights under the Victims’ Rights Act. The system failed them again when a judge, showing clear contempt, sided with the offender, offering him more respect than the victims. This is unacceptable. We need stronger enforcement of laws that ensure justice, protection, and accountability, especially for minors and victims of sexual assault.”

“New Mexicans have always recognized that the rights of the victim of crime must be balanced with the rights of the accused. It is not just a hope or a goal—it is stated in our constitution. It is clearly stated in our law,” said plaintiff’s attorney Michael Hart. “The Attorney General and the New Mexico Department of Justice have long advocated for the rights of the victims of violent crime, victims of child abuse, rape and sexual exploitation. This law will clearly establish the appropriate protections crime victims are entitled to under the law and will give judges guidance how to respect and uphold the rights of those affected by crime throughout the criminal justice process.”

“Since 1956, All Faiths Children’s Advocacy Center has been a trusted advocate for children and families in our community. Today, we address a critical issue: the harmful effects of requiring children to repeatedly disclose their traumatic experiences. Our research shows that multiple disclosures can significantly hinder a child’s recovery and development,” said CEO of All Faiths Children’s Advocacy Center Krisztina Udvardi. “Through our advocacy, we seek to reshape how the legal system responds to child trauma, focusing on practices that prioritize the child’s development and well-being. No child should have to relive their worst experiences repeatedly. By supporting trauma-informed approaches and legislation, we create a path to recovery that empowers children to heal and move forward — to live a healthy, productive life.”

In summary the legislation is as follows:

Legislative Sponsor: Representative Meredith Dixon
Amending the victims of crime act, providing for remedies for violation of victim rights:
- The bill would include victims of human trafficking and batter on a health care worker to the group of victims protected by the Act and also create remedies for violations of the Act. For example, if a victim does not receive notice of a court hearing or a defendant’s release, the Attorney General could pursue civil penalties or the victim could sue.
Legislative Sponsor: Representative Tara Jaramillo
Child forensic interviews:
- In almost every other state in the country, victims, and especially child victims, are protected from the secondary trauma caused by defense interviews. In New Mexico, as elsewhere, defendants have a right to cross-examine victims on the witness stand as part of their right to a trial. But New Mexico goes further and requires victims to submit to invasive and lengthy pretrial interviews where they are interrogated by defense attorneys. Defense interviews of children are particularly harmful because defense attorneys are not trained in how to conduct a forensic interview, which results in suggestibility and emotional trauma to the child. The bill would bring New Mexico in line with the rest of the country in protecting child victims from the harm caused by repetitive defense interrogations and give adult victims the right to refuse a defense interview.
A summary of the bills along with the draft language is attached.
Summary of Victim Protection Legislation