DOMESTIC
VIOLENCE
McMaster plan to add prosecutors
applauded Focus on race still
criticized by many By Sarah P.
Kennedy The Sun
News
BY THE NUMBERS
Area domestic-violence experts and law-enforcement officials
applaud Attorney General Henry McMaster's plan to hire three
full-time lawyers to prosecute only domestic-violence cases, but
they say looking at the issue from a racial perspective, as McMaster
did last week, could obscure the big picture: Domestic violence
affects everyone.
In 2003, the State Law Enforcement Division ranked Horry County
fifth out of the state's 46 counties for number of reported
domestic-violence assaults. Georgetown County was ranked 21st.
In criminal domestic-violence cases in magistrate court, fewer
than half of victims have lawyers, estimates 15th Circuit Solicitor
Greg Hembree. In general sessions court, virtually all victims and
defendants have an attorney, Hembree said.
In municipal or magistrate courts in which a jury trial is not
requested, a prosecutor is not assigned to the case. This means
victims or law-enforcement officers must act as prosecutors. This
can be a daunting task for those untrained and unprepared for
it.
"They're not going to get adequately prosecuted without a lawyer
to handle it," Hembree said. "The other reason you need a lawyer is
to evaluate the cases ... to make sure the charge is supported by
the evidence. ... Any kind of case where the defendant is defended
by counsel, that's a case where the victim needs a prosecutor."
Hembree said he doesn't think the 15th Judicial Circuit handles
more cases from one race or one group.
"It really seems to cut across racial lines; it cuts across
economic lines," Hembree said. "We don't pay attention in the
reports when we're evaluating these cases whether people are black
or white. ... It's all based on the evidence."
McMaster revealed his request for a $900,000 federal grant to
hire prosecutors for seven rural Pee Dee counties during the annual
meeting of the S.C. Coalition Against Domestic Violence and Sexual
Assault.
He cited statistics from the SLED database for 1996 to 2000
showing there were 100,278 crime-incident reports for nonwhite
females - an incidence rate of 311.4 per 10,000 nonwhite females
statewide. During the same time, there were 98,475 incident reports
for white females - an incidence rate of 146 per 10,000 white
females statewide.
"What this means to me is that black women are calling for help
at a rate 2½ times that of whites," McMaster said.
Domestic-violence experts say this emphasis fails to take into
account other factors, such as the victims' income and access to
resources.
"Domestic violence knows no socioeconomic boundaries," said
JoAnne Patterson, director of Citizens Against Spouse Abuse.
"Someone with ample resources is probably not going to contact a
nonprofit organization like CASA because they have the resources to
obtain suitable housing, attorneys."
Vicki Bourus, director of the S.C. Coalition Against Domestic
Abuse and Sexual Assault, said: "We know that women who live in very
rural areas have difficulty accessing services, no matter what race
they are. The resources are spread thin. There are not enough
shelters. They might have to travel long distances to get help. ...
They have difficulties accessing services ... whether that be
shelter or legal advocacy or legal representation."
Bourus, who helped write the proposal for the federal Department
of Justice Rural Domestic Violence and Child Victimization
Enforcement Grant, said the issue of race never came up as the
request was created.
"It is unfortunate, in my opinion, that the racial issue came
into the equation. I know that as a victim advocate for 15 years,
that domestic violence cuts across all races, ages, religious
preferences, incomes. ... Domestic violence is present in every
community."
To better address the multiple issues domestic-abuse victims and
offenders face, Patterson would like to see a domestic violence
court in the Grand Strand.
"If the counties could provide a criminal domestic-violence
court, they'd find it really beneficial to the cause we're all
fighting," Patterson said.
Hembree said he has suggested creating a domestic-violence court
next year.
"You really try to get to the root cause of the problem; it's as
much of a treatment program as a court program. ... It's like drug
court."
Offenders would be punished and also would receive counseling and
other services aimed at stopping the cycle of domestic violence.
Capt. Jim Arnold of the Georgetown Police Department said victims
and offenders immediately receive referrals for help: "Women to
CASA, men to anger management."
Arnold said he thinks black women report domestic violence to the
police more frequently than white women in Georgetown. He said that
probably is due in part to the racial composition of the city of
8,900: 57 percent of residents are black. He said people with lower
incomes probably call the police more often.
"Probably the thing that would help the most is ... community
education programs," Arnold said. "The women in the past who have
stayed in the household have become educated and are not staying in
the home anymore. [They know] they have a lot more choices available
to them, that they can leave, that it's OK to leave."
In Georgetown, the city attorney helps prosecute
domestic-violence cases in municipal court. The victim also receives
the assistance of an advocate, Sherry Smith.
When the abuse is more severe or the defendant has been charged
with criminal domestic violence twice before, the case goes to
general sessions court.
In Horry County, there are two lawyers in magistrate court who
handle only trials for cases of criminal domestic violence, simple
assault and battery, and driving under the influence-first offense.
There also is a prosecutor in Georgetown County who focuses solely
on those types of cases on a part-time basis.
Hembree supports McMaster's plan to hire more lawyers.
"I think it's a great idea to have prosecutors handling
domestic-violence prosecutions," Hembree said. "In these small
counties, they don't have the funds to pay for lawyers to handle
these prosecutions."
Knight Ridder contributed to this report.
Contact SARAH KENNEDY at 444-1718 or skennedy@thesunnews.com.
GEORGETOWN
COUNTY
Number of victims |
525
Number of arrests | 184
Number of homicides | 0
HORRY COUNTY
Number of victims |
2,844
Number of arrests | 1,124
Number of homicides | 1
Source: S.C. office of the attorney
general Web site
Page 6C
Homicide ratesNumber of women murdered by men in
single-victim/single-offender homicides, ranked by rate, in 2002.
Shown are the state, number of homicides and homicide rate per
100,000:
1. Alaska | 15, 4.84
2. Louisiana | 67, 2.91
3. New Mexico | 25, 2.66
4. Nevada | 27, 2.54
5. Wyoming | 6, 2.42
6. South Carolina | 49, 2.32
7. Tennessee | 67, 2.26
8. Delaware | 9, 2.17
9. North Carolina | 88, 2.08
10. Alabama | 42,
1.82 |