Gov. Mark Sanford will sign legislation today
that will strengthen penalties for domestic abusers in South Carolina, a
state that has led the nation in the rate of women killed by men.
The bill isn't perfect, said Laura Hudson, public policy director for
the South Carolina Victim Assistance Network, but "it's a great beginning
for protecting women and children."
"I think this is going to be an affirmation for crime victims that they
are going to be believed more and that this is something that will be
taken more seriously," she said.
The legislation increases the mandatory sentences and fines for abusers
and makes a third offense a felony punishable by up to five years in
prison. The bill also includes incentives for abusers to seek treatment,
mandates continued training on the issue for judges and creates a
legislative committee to study the need for further changes to domestic
violence laws.
Sanford is scheduled to sign the legislation into law during a morning
ceremony at the Statehouse.
"The governor has consistently pushed to improve our state's
historically dismal rankings on this front," said Will Folks, a spokesman
for Sanford. "This bill is just another opportunity to do that."
In 2003, the governor signed a law that made criminal domestic violence
of a high and aggravated nature punishable as a felony against even
first-time offenders. In his State of the State address last year, he
challenged men in South Carolina to avoid using violence to solve
problems.
The Violence Policy Center in Washington ranked South Carolina sixth
nationwide last year in the rate of women killed by men. In 2001, the
state ranked first.
Law enforcement agencies see the results every day. North Charleston
police dispatch officers to about 2,000 calls of domestic disputes each
year. Last year, the Charleston County Sheriff's Office sent deputies to
nearly 1,900 domestic violence calls.
South Carolina Attorney General Henry McMaster said the state is
woefully lacking in prosecutors to keep up with all the cases. In 2002,
law enforcement agencies filed 36,000 incident reports on domestic
violence episodes, he said.
"Criminal domestic violence is the No. 1 crime problem in South
Carolina," he said. "This law will be a big step forward in treating it."
Not everyone is convinced the measures will be productive.
State Rep. Todd Rutherford, D-Columbia, argues that increased fines
could hurt the victims financially. Stiffer fines and jail time also could
discourage them from coming forward and subject them to more abuse, he
said.
"There is greater incentive there to drop the charge," he said.
Proponents of the measure say the current penalties haven't done enough
to discourage abuse.
"My experience with victims has more often been them saying to me: 'Why
doesn't he ever go to jail? Why doesn't anything serious ever happen?' "
said Vicki Bourus, director of the South Carolina Coalition Against
Domestic Violence and Sexual Assault.
The legislation almost didn't make it this year. The House Judiciary
Committee killed similar legislation in April, but the issue was revived
after statements state Rep. John Graham Altman made during an interview.
The Charles-ton Republican told a television reporter that he "didn't
understand why women continue to go back around men who abuse them." His
comments drew national notoriety and prompted protests. House leaders
vowed to pass the legislation, and Altman apologized for causing members
to be seen in an unflattering light.
Charleston police Sgt. Isaiah Choice, who oversees the department's
domestic violence unit, said the resulting legislation is a step in the
right direction. Thirty years ago, police couldn't even arrest a batterer
on a misdemeanor assault charge unless officers actually witnessed the
abuse, he said.
"Anything you can do to strengthen the laws on the books is a plus for
the victims," he said.
WHAT IT MEANS
Penalties in the new legislation
-- First offense: Misdemeanor, $1,000 fine or 30 days in jail.
The court can suspend the fine if the offender completes counseling for
abusers.
-- Second offense: Misdemeanor, up to $5,000 fine and up to one
year in jail. The court can suspend a portion of the sentence if the
abuser undergoes treatment, but the offender must serve at least 30 days
in jail.
-- Third offense: Felony, up to five years in prison.
-- Violating the terms of a protection order issued in a domestic
violence case: Misdemeanor, up to $500 fine and up to 30 days in
jail.