325 A.3d 816
Pa. Super. Ct.2024Background
- Amber G. Heidel and Sean P. Fowler were both corrections officers at SCI-Huntingdon.
- Heidel alleged repeated unwanted physical and sexual advances by Fowler, culminating in two key incidents: Fowler forcibly grabbing her arm (which was injured) and forcibly hugging her.
- Heidel filed for a Sexual Violence Protective Order (SVPO) under the Protection of Victims of Sexual Violence or Intimidation Act (PVSVIA), citing a continued risk of harm.
- After a hearing, the trial court found Heidel's evidence credible and found both incidents constituted "sexual violence" as defined under the PVSVIA.
- Fowler was criminally convicted on two counts of harassment against Heidel and appealed the issuance of the SVPO.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did acts constitute "sexual violence" under PVSVIA? | Forced arm touch and hug were intimate, nonconsensual and sexual in nature. | Acts did not involve "sexual or intimate" parts as required, so not sexual violence. | For plaintiff; both acts fall within PVSVIA's definition of sexual violence. |
| Was plaintiff at continued risk of harm from defendant? | Fowler's ongoing fixation and violent history show ongoing risk. | No evidence they'd encounter each other again; Heidel was on leave. | For plaintiff; evidence and Fowler's conduct support a finding of continued risk. |
Key Cases Cited
- K.N.B. v. M.D., 259 A.3d 341 (Pa. 2021) (establishes PVSVIA protection does not require seeking criminal prosecution, and sets scope of court's risk assessment)
- Commonwealth v. Gamby, 283 A.3d 298 (Pa. 2022) (clarifies "sexual or other intimate parts" under indecent assault includes body areas beyond genitalia, based on privacy and context)
- Commonwealth v. Capo, 727 A.2d 1126 (Pa. Super. 1999) (holds shoulders, back, and stomach are "sexual and other intimate parts" under indecent assault)