Arizona congressman seeks to protect sex abuse victims

By Zachery Schmidt
The Center Square

An Arizona congressman is attempting to bring a state law that protects victims from their abusers to the federal level.

U.S. Rep. Abe Hamadeh, R-Surprise, this week introduced Kayleigh’s Law, which would allow for victims of federal sex crimes and violent felonies to petition courts to issue lifetime no-contact injunctions against convicted offenders.

Hamadeh, who is a former prosecutor, said he knows “how vulnerable victims can be, how determined their predators often are and how judges can frequently fail victims of crime.”

“That is why we must require federal courts to impose these lifetime injunctions when requested by the government or the victim during sentencing,” Hamadeh said, answering The Center Square’s questions by email.

“I have seen what victims go through as the predator’s adjudication process plays out and know how important it is for the victim’s healing process to begin,” the representative said. “That process cannot be interrupted by their predators simply because our courts fail to take crime seriously and fail to impose lifetime injunctions.”

Hamadeh said the legislation would “apply to already convicted offenders and any future cases.” Furthermore, he said convicted abusers who violate the lifetime injunction “would be punished” with a contempt-of-court charge.

“It is enforced under existing federal contempt powers, which give judges discretion,” the congressman said.

Besides Hamadeh, Kayleigh’s Law is being sponsored by 19 representatives, including Arizona’s U.S. Reps. Andy Biggs, R-Gilbert; David Schweikert, R-Scottsdale; Juan Ciscomani, R-Sierra Vista; Eli Crane, R-Flagstaff; and Paul Gosar, R-Buckeye.

Kayleigh’s Law was originally an Arizona law that permits victims of dangerous crimes and sexual assault to seek a lifetime, no-contact injunction against their perpetrator. Victims of dangerous felony offenses, violent or aggravated felonies or dangerous crimes against children can seek these injunctions.

The law has been in effect since 2022. This year, Gov. Katie Hobbs signed Senate Bill 1211 into law, which allows victims of domestic violence to also seek lifetime protection against their abusers.

Kayleigh Kozak, the inspiration for Kayleigh’s Law, told The Center Square that she and Hamaedeh have been working on the federal version for about a year.

What makes Kayleigh’s Law the “gold standard” is that the lifetime injunction can be served at the time of a convicted abuser’s sentencing, said Kozak, a survivor of abuse who became an advocate for victims.

“That is huge because then a victim doesn’t have to go back and ask for protection from the person who has harmed them. Additionally, the perpetrator is not allowed to appeal the order or have it removed,” she said.

“The trauma and impact for survivors is lifelong, and they are worthy of protection for their entire life,” Kozak added.

On Wednesday, Kozak testified in front of the U.S. House Judiciary Subcommittee on Crime and Federal Government Surveillance, advocating for Congress to pass Kayleigh’s Law at the federal level.

In her testimony before the committee, Kozak, who was sexually abused as a 12-year-old, told committee members that “sexual predators don’t make mistakes. They make conscious choices. Victims —when brave enough to speak up against their abusers — are at the mercy of the decisions made by the criminal justice system.”

“I have zero sympathy for pedophiles and sex offenders,” Kozak, who’s now in her early 30s, told the committee. “The hardships they face as a result of the disgusting choices they made should never supersede a victim’s right to indefinite, lifelong protection from them.”

“I could not protect myself then. But I can fight to protect myself, other innocent children, and every victim now. I ask that you fight to protect them too,” she added.

Kozak told The Center Square on Thursday that she thought the hearing went well.

She noted that politicians from both parties had “a lot of questions” and expressed interest in Kayleigh’s Law.

Since Kayleigh’s Law went into effect in Arizona, it has helped thousands of victims of abuse give their abuser a lifetime no-contact injunction, Kozak said. “Victims have come forward and said they feel so much better knowing that they have this permanent protection in place.”

She said it’s sad to think that so many Arizonans “were victims in crimes that made them eligible to be able to obtain a natural life injunction under Kayleigh’s Law.”

Kozak testified at the House hearing that she obtained a lifetime no-contact injunction against the man convicted of abusing her. That man is Josh Jacobson, a former Phoenix-area elementary school teacher and soccer coach who pleaded guilty to molestation almost two decades ago under a plea agreement for lifetime probation instead of a long prison sentence.

Besides Arizona, Wisconsin passed Kayleigh’s Law in 2023. Kozak said Missouri’s version of Kayleigh’s Law is waiting for a signature from Gov. Mike Kehoe.

Kozak noted she thinks if Kayleigh’s Law passes at the federal level, more states will pass their own versions of the law.

The federal version of Kayleigh’s Law is similar to Arizona’s, Kozak said.

She added that the federal version would cover crimes associated with sex trafficking and child pornography. She said victims would be eligible to petition for a lifetime injunction against their abusers.