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The New Media Department of The Post and Courier

TUESDAY, JUNE 07, 2005 12:00 AM

Sanford will sign domestic abuse bill

Altman controversy helped law to pass

BY GLENN SMITH
Of The Post and Courier Staff

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.


This article was printed via the web on 6/7/2005 1:26:28 PM . This article
appeared in The Post and Courier and updated online at Charleston.net on Tuesday, June 07, 2005.