Violence penalties
differ by case Lawmakers say various
situations dictate different punishments By JIM DAVENPORT The Associated Press
Threaten a public official or one of their family members and you
could get five years in jail. Hitting a school teacher might send a
student to prison for a year.
But threatening or slapping a spouse? That might bring only 30
days behind bars.
And that has some in South Carolina wondering about the state’s
domestic violence laws — particularly since the House Judiciary
Committee killed a domestic violence bill last week.
The issue received an even higher profile because of comments
from Rep. John Graham Altman, R-Charleston, following the bill’s
death.
“Women should be as protected as legislators,” said Lachlan
McIntosh, state director of the S.C. Democratic Party. “They are
just as valuable to our state as legislators, maybe more so.”
Legislators say the disparities in penalties are easy to
explain.
There’s a greater need for protection for police, politicians,
teachers and some health care providers whose jobs put them at risk
of harm, said Rep. Todd Rutherford, D-Richland.
Because of that, “people in public positions should have some
added protection,” said House Judiciary Committee chairman Jim
Harrison, R-Richland.
“With criminal domestic violence, you’re only talking about
violent acts with people in that relationship,” Rutherford said.
That’s not to say criminal domestic violence doesn’t have a
special place in state law.
People slapping or threatening spouses or domestic partners are
treated differently than those who get into a bar fight.
For instance, assault and battery charges are routinely dropped
in magistrate courts, but the Attorney General’s office instructs
prosecutors not to drop domestic violence charges.
There’s also a progression of fines and jail time. A first
offense of criminal domestic violence brings up to 30 days in jail
or up to $500 in fines. The second conviction brings both. Those
cases are handled in a magistrate’s court. A third offense can mean
three years in prison and is handled in circuit court. All three are
misdemeanors.
The legislation killed in Harrison’s committee would not have
changed those penalties, he said.
Nor would it have changed penalties for the next level of
domestic violence offenses — those where people cause serious injury
with or without weapons or who threaten death.
In 2003, the Legislature turned those offenses into felonies with
10-year prison terms.
Altman’s comments brought criticism and protests this week.
“I do not understand why women continue to go back around men who
abuse them,” he said in an interview Tuesday on WIS-TV.
“I’ve asked women that and they all tell me the same answer,
‘John Graham, you don’t understand.’ And I say you’re right, I don’t
understand.”
So where is the dividing line between misdemeanor criminal
domestic violence and more serious felony offenses?
A slap or shove might bring charges under the misdemeanor law.
But blows leaving victims bruised or bloodied likely would get the
felony charges of criminal domestic violence of a high and
aggravated nature.
It’s left up to prosecutors, Attorney General Henry McMaster
said. Many first offenses under the state’s criminal domestic
violence laws now are considered felonies, he said.
“A deadly weapon can be a fist,” McMaster said. “The fist of a
250-pound man against the cheek of a 105-pound woman with maximum
velocity is a deadly weapon. So is a shoe or a table or stack of
plates.”
McMaster says the laws against criminal domestic violence still
need toughening.
His office runs a volunteer program that works to prosecute even
the lower-offense domestic violence cases.
“The laws have gotten better, but we still have a long way to
go,” McMaster said. Domestic violence, he says, “is the No. 1 crime
problem in South Carolina. ... It not only destroys the lives of
women and some men, but it destroys the lives of children who are
trying to grow up in that environment.”
But the legislation that died this week, sponsored by Rep. Gilda
Cobb-Hunter, D-Orangeburg, wasn’t the way to do that, Rutherford
said.
“Most people that looked at it knew it was a bad bill,” he said.
“The bill should have been dead.”
The issue, however, is very much alive.
Harrison said he is in the final stages of helping Cobb-Hunter
draft a new bill. He expects that bill to be in the House this
week. |