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Domestic violence penalties increasedPosted Tuesday, June 7, 2005 - 9:30 pmBy Tim Smith and Heidi Coryell Williams STAFF WRITERS
The new law increases fines and penalties for first, second and third offenses; requires continuing education of judges on the issue; and only allows records of such offenses to be cleared after five years. "The stiffer the penalties they're going to feel more confident that their abuser is going to get something -- he's not going to get off the leash," said Galbreath, who two years ago suffered a severe beating at the hands of the man she loved. Sanford said as he signed the bill into law that the state "isn't going to tolerate their behavior any longer." Rep. Brenda Lee, a Spartanburg Democrat, said increasing the penalties is a "plus," but discussion about the bill may accomplish more for battered women. "I think it will help educate people, especially women who are involved in situations like that, to the thought that there is some help for them, that they can go to the court system." Kathrine Hudgins, president of the state Coalition of Criminal Defense Lawyers, said she applauds those who worked on the bill but said the state needs more treatment. "Obviously, it's a problem and needs to be addressed," she said. "My concern is mandatory minimum jail sentences don't help solve the problem. What would address the problem better is treatment. I think we need to consider getting more treatment centers so we don't have these acts of recidivism like we see." Galbreath said although she views the bill as the first step in a long process of reforming domestic violence laws, she is hopeful that stiffer fines and longer jail times might encourage more women to come forward and report abuse before it's too late. "They're won't have to be so fearful that he's just going to come kick my butt again tomorrow," she said. The blow to Galbreath's face was so hard that it shattered her left eye socket and broke her nose in two places. She has a titanium plate in the left side of her face in place of bone. The bill stalled in the House until April, when Rep. John Graham Altman of Charleston sparked criticism after telling a television reporter, "I do not understand why women continue to go back around men who abuse them." His comments galvanized support for the legislation, which was revised and passed. Sanford said, "No matter what the issue, resorting to violence in the home isn't the answer. "We're going to continue our efforts to address this issue from a preventative standpoint, but at the same time we're going to keep strengthening our laws so domestic violence offenders know South Carolina isn't going to tolerate their behavior any longer." Under the bill, first offense will increase the maximum fine from $500 to $1,000 or 30 days in jail. The judge also can order completion of a battered treatment program instead of a fine. Second offenses will require a mandatory minimum of $2,500 in fines and 30 days in jail. The old law carried a maximum fine of $500 and no mandatory jail time. Third-time offenders will be guilty of a felony and must be sentenced to between one and five years in prison, up from 90 days to three years. The bill is the second time since 2003 that lawmakers have toughened domestic violence laws. The state's rate of women killed by men has been among the tops in the nation in recent years. In January, Sanford used his State of the State speech to ask men in South Carolina to refrain from violence in the home. "Nothing is more central to quality of life than being safe in your own home and yet tragically, too many women in South Carolina haven't been able to enjoy that basic building block of freedom," Sanford said. "We've made it perfectly clear that South Carolina's historically dismal rankings on the domestic violence front are simplyunacceptable, and we're going to keep pushing for reforms that will make the women of our state safer." |
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Wednesday, June 8
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