An end to the practice of incarcerating domestic violence victims

by Brian Leubitz [courtesy of Calitics - Front Page]

Under current law, prosecutors can incarcerate domestic violence victims to make them testify against the perpetrator.  Unfortunately, this has the effect of scaring many victims out of testifying. The practice was previously banned for sexual assault victims. Well, today, consider that practice an historical one for domestic violence victims as well:

Governor Arnold Schwarzenegger (R-Los Angeles) today signed into law a bill that victim advocates believe will result in more women coming forward to law enforcement after falling victim to domestic violence.  Senate Bill 1356, authored by Senator Leland Yee (D-San Francisco/San Mateo), protects domestic violence survivors from the threat of incarceration when they refuse to testify against their abuser in court.   The law mirrors an existing statute for sexual assault victims.

Full Press release over the flip

SACRAMENTO - Governor Arnold Schwarzenegger (R-Los Angeles) today signed into law a bill that victim advocates believe will result in more women coming forward to law enforcement after falling victim to domestic violence.  Senate Bill 1356, authored by Senator Leland Yee (D-San Francisco/San Mateo), protects domestic violence survivors from the threat of incarceration when they refuse to testify against their abuser in court.   The law mirrors an existing statute for sexual assault victims.

"I am very pleased to see the Governor and my colleagues on both sides of the aisle support this commonsense and much-needed legislation," said Yee.  "Domestic violence survivors have been through enough; the last thing they need is to be re-victimized by our legal system or be exposed to threats of incarceration.  This law is not going to result in fewer prosecutions, but instead just the opposite.  Survivors are more likely to report incidents of domestic violence when they trust law enforcement and our system of justice."

In fact, in a letter regarding another bill before the Legislature in 1991, then Los Angeles District Attorney Ira Reiner agreed with Yee and victim advocates.  The letter from Reiner's special counsel John Lovell stated, "Prosecutors who raise the spectra of possible incarceration of victim/witnesses diminish the credibility of the criminal justice system as an effective instrument in combating domestic violence.  The unintended consequence of those types of warnings is a chilling constraint on victim/witnesses to come forward in these types of cases at all."

"SB 1356 ensures that victims of domestic violence have the same statutory protections as sexual assault victims and exempts them from the threat of being incarcerated for refusal to testify against their perpetrators," said Schwarzenegger.  "Domestic violence victims, like many sexual assault victims, are victimized by perpetrators they know, and experience similar psychological trauma and fear of retribution from the abuser or the abuser's family members."

"Coercion is a draconian practice that should not be used in getting a victim to testify after just facing a similar control tactic from her abuser," said Yee.  "Instead, prosecutors should work with advocates in getting the victim to a place where she is comfortable and willing to testify, which in turn will result in a much more successful prosecution.  SB 1356 also rightfully considers the children in domestic violence cases, who will no longer be put at risk of losing both parents and being unfairly 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 due to the fact that the case was already prosecuted and resulted in a guilty verdict without the victim's testimony.

"I felt that the system had given up on me," said Katina Britt, the victim in the case.  "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."

"It is improper and unjust to hold the victim personally responsible for winning a guilty verdict against the batterer," said Yee.  "There is no evidence to suggest that forced testimony leads to higher conviction rates.  It is unconscionable that survivors of domestic violence have faced such threats and even more disturbing that some have been dealt jail sentences after falling victim to something out of their control."

"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 was supported by the California Coalition Against Sexual Assault, California Psychiatric Association, California Protective Parents Association, California Public Defenders Association, Crime Victims United, Equality California, Peace Officers Research Association of California (PORAC), Taxpayers for Improving Public Safety, and American Federation of State, County, and Municipal Employees (AFSCME), as well as over fifty other prevention advocacy organizations throughout the state.

SB 1356 is Yee's first bill signed by the Governor in 2008.  SB 1356 officially becomes law on January 1, 2009.