SENATE OVERWHELMINGLY APPROVES BILL TO PROTECT DOMESTIC VIOLENCE VICTIMS
California Political Desk
April 21, 2008
SACRAMENTO – On a 29-6 vote, the California Senate today overwhelmingly approved legislation to protect domestic violence victims from the threat of incarceration when they refuse to testify against their abuser in court. Senate Bill (SB) 1356, authored by Senator Leland Yee (D-San Francisco/San Mateo), mirrors existing law for sexual assault victims, who are already shielded from such punishment.
"This three year effort to protect domestic violence victims from re-victimization through forced testimony, imprisonment, or community service now has significant momentum," said Yee. "SB 1356 also rightfully considers the children involved in these cases. Without this new law, those kids will continue to be put at risk and may be unfairly and unnecessarily pushed into foster care."
Since 1991, sexual assault victims have not faced imprisonment if they decide not to testify in a criminal case, whereas domestic violence victims under a second contempt charge have been subject to incarceration. This law was tested in 2005, when the district attorney in San Mateo County pursued and a judge ordered jail time to a victim for refusing to testify against her abuser. The state appeals court later dissolved the contempt charge.
The victim in the case, Katina Britt, recently retold her ordeal to the Senate Public Safety Committee.
"I felt that the system had given up on me," said Britt. "The district attorney did not protect me, even though I was a victim of a serious bodily injury crime. The DA wanted to victimize me once more and the court willingly obliged. I wish I had the protection sought by Senator Yee´s bill."
In 2005, Yee attempted to pass similar legislation, however the bill stalled in the Assembly Public Safety Committee after opposition from prosecutors.
"Although I respect the opinion of the district attorneys who oppose this bill, I am compelled by the overwhelming interest of victims and advocates who must handle the physical and psychological trauma associated with this horrible crime," said Yee. "We want DAs to fully prosecute domestic violence cases, however, if victims fear having to testify or face imprisonment, they may be less likely to even come forward and report incidents of domestic violence."
"It is improper and unjust to hold the victim personally responsible for winning a guilty verdict against the batterer," said Yee. "In addition, there is no evidence to suggest that forced testimony leads to higher conviction rates."
Advocates have testified that victims of domestic violence experience the same severity of emotional harm from their experience as do sexual assault victims. In many cases, domestic violence victims are also victims of sexual assault at the hands of their abusers.
SB 1356 will also delete the portion of the civil code that requires a domestic violence victim to attend counseling or perform community service if they choose not to testify. Victim advocates assert that these measures serve only to re-victimize.
"As the state domestic violence coalition, our primary concern is for victims´ safety," said Marivic Mabanag, Executive Director of the California Partnership to End Domestic Violence. "It is the victims themselves who are in the best position to judge when testifying against their abusers might pose a serious threat to themselves or their children."
In addition to the California Partnership to End Domestic Violence, the bill is supported by the California Coalition Against Sexual Assault, California Psychiatric Association, California Protective Parents Association, California Public Defenders Association, Crime Victims United, Taxpayers for Improving Public Safety, and American Federation of State, County, and Municipal Employees (AFSCME), as well as over thirty other prevention advocacy organizations throughout the state.
SB 1356 will now be considered by the State Assembly.
"This three year effort to protect domestic violence victims from re-victimization through forced testimony, imprisonment, or community service now has significant momentum," said Yee. "SB 1356 also rightfully considers the children involved in these cases. Without this new law, those kids will continue to be put at risk and may be unfairly and unnecessarily pushed into foster care."
Since 1991, sexual assault victims have not faced imprisonment if they decide not to testify in a criminal case, whereas domestic violence victims under a second contempt charge have been subject to incarceration. This law was tested in 2005, when the district attorney in San Mateo County pursued and a judge ordered jail time to a victim for refusing to testify against her abuser. The state appeals court later dissolved the contempt charge.
The victim in the case, Katina Britt, recently retold her ordeal to the Senate Public Safety Committee.
"I felt that the system had given up on me," said Britt. "The district attorney did not protect me, even though I was a victim of a serious bodily injury crime. The DA wanted to victimize me once more and the court willingly obliged. I wish I had the protection sought by Senator Yee´s bill."
In 2005, Yee attempted to pass similar legislation, however the bill stalled in the Assembly Public Safety Committee after opposition from prosecutors.
"Although I respect the opinion of the district attorneys who oppose this bill, I am compelled by the overwhelming interest of victims and advocates who must handle the physical and psychological trauma associated with this horrible crime," said Yee. "We want DAs to fully prosecute domestic violence cases, however, if victims fear having to testify or face imprisonment, they may be less likely to even come forward and report incidents of domestic violence."
"It is improper and unjust to hold the victim personally responsible for winning a guilty verdict against the batterer," said Yee. "In addition, there is no evidence to suggest that forced testimony leads to higher conviction rates."
Advocates have testified that victims of domestic violence experience the same severity of emotional harm from their experience as do sexual assault victims. In many cases, domestic violence victims are also victims of sexual assault at the hands of their abusers.
SB 1356 will also delete the portion of the civil code that requires a domestic violence victim to attend counseling or perform community service if they choose not to testify. Victim advocates assert that these measures serve only to re-victimize.
"As the state domestic violence coalition, our primary concern is for victims´ safety," said Marivic Mabanag, Executive Director of the California Partnership to End Domestic Violence. "It is the victims themselves who are in the best position to judge when testifying against their abusers might pose a serious threat to themselves or their children."
In addition to the California Partnership to End Domestic Violence, the bill is supported by the California Coalition Against Sexual Assault, California Psychiatric Association, California Protective Parents Association, California Public Defenders Association, Crime Victims United, Taxpayers for Improving Public Safety, and American Federation of State, County, and Municipal Employees (AFSCME), as well as over thirty other prevention advocacy organizations throughout the state.
SB 1356 will now be considered by the State Assembly.
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