Posted on Wed, Oct. 08, 2003

DOMESTIC ABUSE CRISIS IN S.C.
Proper intervention essential to stem violence against women



=========================================== In the great majority of cases, the perpetrator had a known history of battering; despite numerous contacts with law enforcement and the judicial system, these women still died.


Violence against women has reached epidemic proportions in our state. South Carolina ranks first in the nation in numbers of females killed by men. In 2001, a particularly bloody year, 64 women died at the hands of an abusive man. For the past six years, South Carolina has ranked near the top in female homicides.

In the great majority of cases, the perpetrator had a known history of battering; despite numerous contacts with law enforcement and the judicial system, these women still died. Domestic violence shelter staff could fill an entire edition of this newspaper with grisly stories of women injured and killed by abusive, violent partners. More often than not, these victims had children. Children are now traumatized and forever affected by this terrible experience.

Why was no effective action taken that could have saved lives and spared these children irreparable emotional and psychological damage?

In spite of current statutes to address family violence, education for law enforcement officers, judges and victim advocates and the dedicated efforts of many of these professionals, women continue to die. The Domestic Violence Prevention Act, passed in 2003, is a serious step in the right direction. More must be done.

Domestic violence must be taken seriously by all officers, magistrates and judges, and they must exercise their power to effectively intervene.

Additionally, law enforcement and the judicial system must redesign their response to reflect the information on domestic violence now available. There is a significant body of research and an abundance of anecdotal evidence clearly confirming the fact that domestic violence escalates over time. What may begin as a threat or a shove, without effective intervention, progresses in severity and brutality and ultimately results in disabling injuries and, tragically, death. Battering is not only a response to anger gone awry but also a way in which men who believe that they have the right to "own" and control their partner enforce their authority. It follows a predictable pattern. Therefore, holding the batterer accountable from the outset is the most significant and effective action that must always be taken.

In reality, the reverse [happens]. When domestic violence is first reported, if any action is taken, it is most often a small fine ($500 or less) and, in some relatively rare cases, the batterer is referred to counseling. The judicial system relegates many of [these cases] to the magistrate court level. Magistrate court is limited in its power to intervene effectively. When cases of domestic violence are heard in Family Court, well-meaning judges often do refer the couple to counseling. However, standard marriage counseling is not appropriate for these couples until the batterer has received specialized counseling. In fact, marital therapy, in certain situations, can actually increase the danger to the victim. Batterer treatment programs are available in South Carolina; however, they are too few in number and pitifully underfunded.

The weapon used to kill over one-third of the women was a handgun. Removing guns from the hands of abusers is another essential step in saving lives. The federal law mandating that guns be removed from convicted offenders is not routinely enforced in South Carolina. S.C. legislation must be passed for this to happen. This legislation has been introduced for the past three legislative sessions by Rep. Joel Lourie; unfortunately, there has been no broad-based will by the General Assembly to move forward with this important initiative.

In 2002, nearly 4,000 women accompanied by their children sought refuge in shelters across the state, and thousands more not actually seeking safe space received legal assistance, counseling and support. What will it take to stem the rising tide of domestic violence in our state?

Major changes must be made in the way these cases are handled by the law enforcement system, the judicial system and the community at large. Here are several recommendations:

Form specialized units of law enforcement officers who understand the need for and have the skills to implement an immediate and effective response to domestic violence.

Prohibit batterers from owning guns.

Continue to develop specialized domestic violence courts capable of mandating appropriate counseling and/or incarceration and monitoring the progress of families before the violence escalates to murderous proportions. An initial effort is being made to provide just such an alternative in Lexington and Richland counties.

Provide appropriate training for all judges. Their decisions in regard to domestic violence cases can save or further endanger victims' lives.

Allocate adequate funds to establish and develop batterer treatment programs.

Continue to support the 13 state-funded domestic violence programs for victims and include services to children - often the forgotten victims in these tragedies. The legislature did approve an increase in the marriage license fees in 2000 - funds now dedicated to the support of S.C. domestic violence programs.

Establish prevention programs at the elementary, middle and high-school level to teach nonviolent relationship skills and to re-educate young men who are still reflecting many of the outdated and dangerous beliefs in regard to their "right" to exercise authority over their partners.

Organize and implement a domestic homicide fatality review team to examine ways in which the system may have failed the battered victim.

When acquaintances or family members report that their partner is becoming abusive, [family members and friends should] resist the temptation to minimize this behavior. Be supportive and nonblaming. Do not wait until the violence becomes lethal. Refer the victim to one of the statewide shelter programs - all have community support groups and other counseling available as well as an actual safe shelter.

Children exposed to and injured by domestic violence are, in many cases, destined to repeat it and are severely traumatized and affected by it for life.

October is National Domestic Violence Awareness Month. In memory of all the women who have been killed and in the name of all the children who have been orphaned or injured this year by domestic violence, we are hopeful that our efforts to end it will not be limited to this month.

Bourus is executive director of the S.C. Coalition Against Domestic Violence and Sexual Assault; Lourie, D-Columbia, represents Richland County in the S.C. House, and is author of legislation prohibiting handgun ownership for domestic violence offenders.





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