Georgia crime victims hope for passage of new victim protection bill which would require background checks on employees sent to work in other people’s homes

In May of 2008, a man working for a trusted cleaning company knocked on the door of a home the company had serviced on many occasions. The nanny, who was watching the family’s 3-year-old, let the man into the home where he proceeded to beat and rape her. The victims would later come to find that the man had previously been convicted of six felonies. The Georgia Legislature is now considering passing a bill which would require employers to conduct criminal background checks on employees who go into the homes of others.

The Macon Telegraph has the story.

The man accused of the rape, Rudolph Valentino Smith, had previously been convicted of crimes ranging from robbery to voluntary manslaughter. In fact, he had been convicted of killing a man with a butcher knife in 1994 for which he served 12 years in prison. Victim advocates say the proposed bill would reduce the chances of such an attack from happening again.

In addition to requiring background checks, the bill would prohibit some offenders from attaining jobs that send them into the homes of others unless their civil rights have been reinstated. The proposed bill has had trouble gaining traction, since many are concerned that such a law would harm the chances of rehabilitated felons from re-entering the workplace. Much of the criticism centered on the original bill’s exclusion of all felons; however, the revamped version only excludes those convicted of a crime which falls under the seven deadly sins: murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated battery, and armed robbery if committed with a firearm.

The bill failed to leave the House Agriculture and Consumer Affairs Committee before the end of the 2009 legislative session, but it is expected to be considered again in January. The mother of the 3-year-old and owner of the home where the rape occurred, Amy Scott, has been an ardent supporter of the legislation and testified before the committee earlier this year. For now, she awaits the trial of the accused rapist while trying to put the events of that day behind her.

Our victims’ rights attorneys have successfully represented victims of serious crimes throughout the state of Georgia. In most serious crimes, victims are afforded certain legal rights including compensation, restitution, notification of criminal legal proceedings and restraining orders. A victim may also bring a civil suit against those responsible. Many times a crime will occur due to the negligence of an apartment complex, restaurant or similar business. A victims’ rights attorney will work closely with prosecutors and investigators in an effort to hold such businesses accountable.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia’s “Super Lawyers”, and included among Georgia’s “Legal Elite” by Georgia Trend Magazine.