South Dakota can do more to protect survivors

Kayleigh Kozak was 12 years old when her soccer coach sexually abused her for more than two years. He served just nine months in jail and was placed on lifetime probation. Nearly two decades later, Kayleigh was forced to confront her abuser again when he sought to end his probation early — potentially eliminating the protections that kept him from contacting her. The judge denied his request, but the experience exposed a serious gap in the criminal justice system: a victim’s safety should not end simply because an offender’s sentence does. Kayleigh has since turned her experience into a fight to give other victims the protection she did not have. In 2022, Arizona enacted Kayleigh’s Law, creating a process for victims of certain sexual and violent crimes to obtain lifetime no-contact orders prohibiting their offenders from contacting them. Wisconsin and Missouri have since followed suit, and the legislation has now reached Capitol Hill, passing the House with bipartisan support, where it now awaits Senate action before it can be signed into law by President Trump. But the fight for stronger protections for victims doesn’t have to stop there. South Dakota has long fought for a justice system that goes further than punishing and rehabilitating offenders, recognizing the importance of protecting crime victims and how doing so furthers public safety. The state has made meaningful strides in transforming those principles into laws, but victims of serious violent and sexual crimes in South Dakota are missing a key protection that states are increasingly moving to enact: a law allowing victims to more easily secure a lifetime no-contact order against their perpetrators. The Mount Rushmore state needs its own version of the Kayleigh’s Law Act, building upon South Dakota’s existing protections for victims of violent and sexual crimes. Article VI, Section 29 of the South Dakota Constitution, approved by voters in 2016, also known as Marsy’s Law, outlines the rights of crime victims in the state. These protections include a crime victim’s rights to be free from intimidation, harassment and abuse, as well as the right to be reasonably protected from the accused. Additionally, victims have the right to enforceable protection orders. These protections demonstrate that victim’s rights, including no-contact orders, are already fundamental to South Dakota’s approach to public safety. Kayleigh’s Law would take that commitment one step further. Existing laws in South Dakota do not provide for explicit lifetime post-conviction protection orders. Most standard protection orders for victims of stalking, assault and domestic abuse cannot exceed five years, with few exceptions, such as for child victims of sex crimes. For victims of specific violent and sexual offenses, South Dakota could allow a lifetime no-contact order following conviction when requested by the victim or prosecutor. This would provide something that temporary orders cannot: certainty that a victim will not be required to return to court years later to simply maintain a boundary already justified by the perpetrator’s criminal conviction. South Dakota can establish appropriate qualifying offenses and procedural safeguards and include provisions addressing overturned convictions or a victim’s request to terminate an order. The objective should be a narrowly tailored law that strengthens victim protections and public safety while respecting due process. Protecting its citizens is the core responsibility of government, and South Dakota has an opportunity to ensure victims remain protected beyond sentencing. The federal Kayleigh’s Law Act recognizes that lasting protections for victims are an important part of an effective criminal justice system. South Dakota can do the same. Lifetime protection for the victim does not mean a lifetime punishment for the offender. Once an offender has completed his sentence and demonstrated he can safely return to society, he should have the chance to work, contribute to his family, and rebuild his life. A no-contact order does not take that chance away. It simply allows a victim to move forward with her own life without the fear of unwanted contact or re-traumatization. South Dakota has already established that victims deserve dignity, protection and a meaningful role in the justice system. Kayleigh’s Law presents an opportunity to strengthen that commitment to justice while advancing public safety and accountability, solidifying that even though a criminal sentence may eventually end, a South Dakota crime victim’s peace of mind should not end with it.