Changes sought in
domestic abuse law
By RICK
BRUNDRETT Staff
Writer
Although a new law toughening domestic violence penalties will
send a strong message to batterers, more work needs to be done to
protect victims, advocates say.
“The success of this law will depend on how well the system does
in implementing it,” said Vicki Bourus, director of the S.C.
Coalition Against Domestic Violence and Sexual Assault.
The law, signed last week by Gov. Mark Sanford, imposes mandatory
minimum sentences for more serious domestic violence offenses and
higher fines. It also requires judges to undergo training in
domestic violence issues.
The new law takes effect Jan. 1. That gives court and law
enforcement officials time to adjust to the changes, said Laura
Hudson, spokeswoman for the S.C. Victim Assistance Network.
Hudson said she will push for more changes when the Legislature
reconvenes in January. For example, she said she would like to see a
new crime category of criminal domestic violence with intent to
kill.
The new charge would carry stiffer sentences than the current
most serious charge of criminal domestic violence of a high and
aggravated nature, which has a maximum 10-year sentence, she
said.
Aggravated criminal domestic violence also should be expanded to
include acts done in the presence of children, she said.
“We know that’s such an influence on the life of a child,” Hudson
said.
Lynn Hawkins, director of SAFE Homes-Rape Crisis Coalition in
Spartanburg, said she hopes lawmakers next year will reconsider
banning convicted batterers from owning guns. Victim advocates
reluctantly agreed to drop that provision from the new law.
“It’s hard in a state where gun rights are such a strongly held
belief,” Hawkins said. “But I don’t think a person convicted of
criminal domestic violence should have a handgun in a state with
some of the highest rates of domestic homicide with handguns.”’
Nancy Barton, director of Sistercare, which operates
battered-women’s shelters in the Midlands, said she would like to
seek more emphasis placed on enforcing existing laws mandating
arrests when there is probable cause of domestic violence.
“We don’t see, in a number of cases, the deputy or officer
detaining the person who is the primary aggressor,” Barton said.
Other problems occur after arrest, victim advocates say. No state
agency, for example, tracks how lower-level cases move through
magistrate and municipal courts, where most of the estimated annual
36,000 domestic violence cases are heard.
And no state agency tracks how often first-time offenders who
complete prosecutor-run programs that allow their charges to be
dropped go on to commit repeat offenses.
“Until we know how to fix it, we’re just boxing in the dark,”
Hudson said.
Hudson and Bourus said they want to work with state court
officials, prosecutors and law enforcement agencies to create better
data collection systems.
Reach Brundrett at (803) 771-8484 or rbrundrett@thestate.com. |