Law combats domestic violence

Clint Sloan Staff Writer

Ada — An Ada woman ran out the door with all of her might. Blood and tears streamed down her face as she ran to the nearest police station. She could hardly breathe.

The woman is one of the estimated 370,000 women in Oklahoma last year who were beaten on a regular basis because of the domestic violence problem, according to the Coalition Against Domestic Violence and Sexual Assault.

The woman said if the laws against domestic violence offenders were harsher, she may have been spared from any violence on that traumatic night.

“There were so many times when he was sent to jail, but he knew he could just bail out,” she said. “I believe today that if there had been a law established that if you abused or assaulted anyone in the home, and have had stricter laws, I wouldn’t have come close to death on that November night.”

Instances like this are reasons why lawmakers are trying to combat the domestic violence problem in Oklahoma this legislative session by enactng stricter penalties for domestic violence offenders. Current law enacts harsher penalties on those who write hot checks or fight roosters than those who partake in domestic violence.

Sen. Jonathan Nichols (R-Norman) authored Senate Bill 1020, which would make domestic abuse a felony on the first offense if the offender demonstrated a pattern of violent behavior, which would mean more potential prison time and higher fines for these individuals.

“This legislation would try to provide a punishment that reflects the seriousness of the crime that was committed,” Nichols said. “If a person had been repeatedly beating up their wife and she is finally able to come forward, I believe that it should have a punishment greater than a misdemeanor if that pattern of conduct can be established.”

According to the bill, a pattern of behavior is defined as having two accounts of past assault or assault and battery charges at the time the domestic abuse incidence had occurred. Nichols said this is important, because the bill makes sure the offender is blatantly dangerous.

“That’s why the bill will do some good,” Nichols said. “It can be established that this is not an isolated case and it moves to a level of felony.”

But some officials do not believe a felony will stop those engaged in domestic violence. Purcell police Sgt. Robert Loyd, who has noticed an increase in domestic violence cases, said elevating a crime to a felony has never stopped those who partake in the crime.

“It doesn’t stop people from murdering people,” Loyd said.

Loyd also said domestic violence cases are not reported by some women because it takes a financial toll on dual-income families; the woman involved could not afford to lose her husband’s income.

Sen. Debbe Leftwich (D- Oklahoma City), coauthor of the bill, denies this criticism by saying women are more fearful for their lives than losing their income.

“You want me to waive someone’s lost income for their lives?” Leftwich said. “I don’t think there’s a question.”

Because the first offense is punishable by serving time in a county jail, some officers are concerned that county jails would not be able to accompany a large influx of criminals.

“There would be a lot of felonies,” Loyd said, “and our jail is already full.”

When officers press this concern, Leftwich said the solution is to punish non-violent criminals with community service rather than jail time.

“A lot of these other crimes that we’re putting people in jail for ought to be doing community sentencing,” Leftwich said. “If somebody writes a hot check for $100 worth of groceries, should they be spending all these nights in a county jail or should they be out doing community sentencing? There’s a lot of alternatives out there that we’re not using.”

There are alternatives besides jail time which may help those who commit these violent crimes. Leftwich said rehabilitative services need to be available to the offenders.

“You look at all these cases and drugs and alcohol are prevalent there more than not,” Leftwich said. “What we know what works is drug treatment programs through drug court.”

Still, both Nichols and Leftwich believe while rehabilitative services are good for first-time offenders, repeat offenders need to be incarcerated.

“If a person has such a violent nature, I do believe imprisonment is the appropriate response,” Nichols said.

Gov. Brad Henry signed SB 1020 into law last week. The act will take effect on July 1, 2009. The law also strengthened penalties of those who transmit child pornography via any electronic device. It also criminalizes sexual offenders who drive ice cream trucks, with a punishment up to two and a half years in prison and a possible fine.

The section of the law that addresses domestic violence will likely help those who may be victimized like the Ada woman. She applauds lawmakers who enacted stricter penalties for domestic abuse offenders so no woman will ever have to live through a similar traumatic experience.

“The turmoil that the abuser had on me can never be completely gone from my mind,” she said.

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