South Carolina finally appears to be focusing more on
the plague of criminal domestic violence in the state. And it is
encouraging to see that York County, too, is doing more to deal with the
problem.
Critics recently lambasted state lawmakers when they allowed a bill
that would have enacted tougher penalties for criminal domestic violence
to end up in legislative limbo while enthusiastically supporting a bill
to increase penalties for cockfighting. The comparison of the two bills
was embarrassing for the Legislature and the state as a whole, and
lawmakers scrambled to pass a tougher domestic violence bill.
The bill increases penalties for all levels of domestic violence and
makes it a felony for people who have two previous domestic violence
convictions. The measure is long overdue.
But stiffer penalties won't accomplish much if cases aren't
prosecuted. Recent analysis of criminal domestic violence cases
indicates that more than a third of the most serious offenses in the
state have been dropped since July 2001. Other serious CDV cases were
pleaded down to a lesser charge, so 49 percent of the cases made in that
nearly four-year stretch were dismissed or had charges reduced.
Earlier this month, the York County Council decided to address that
problem in its own back yard. Sixteenth Circuit Solicitor Tommy Pope,
state Attorney General Henry McMaster, Sheriff Bruce Bryant and Safe
Passage's Peggy Payne all came before the council to petition members to
support to help investigate and prosecute domestic violence cases.
The council was asked to commit $40,000 -- a 25 percent match for
federal grant money -- to pay for the Sheriff's Office to hire an
investigator and the solicitor's office to hire an attorney to represent
victims in court. Although the request comes late in the county's budget
discussions the council, to its credit, agreed to come up with the
money.
"Even though our budget may be thin, its not so thin we can't shuffle
things around and find money for this," Councilman Buddy Motz said.
The full-time investigator and prosecutor would work hand in hand on
cases. They, in turn, would lend their services to the new pro bono
program in which local attorneys help prosecute domestic violence cases.
As it is now, police officers often represent victims in lower-level
domestic violence cases.
Legal support for victims is crucial. In many cases, those who have
been routinely abused are terrified of testifying against their abusers,
fearing for their own safety or that of their children. Making the
decision to stand up to a violent abuser -- often risking financial
insecurity and the breakup of the family (see commentary at right) -- is
difficult under any circumstances. It is all the more frightening when
the victim must stand alone, without adequate legal representation.
South Carolina has a serious domestic violence problem but,
ultimately, local governments and law enforcement agencies must do their
part to tackle it. We commend the county council for supporting this
program and hope that funding will continue to be made available in the
years ahead.
