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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.