ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, April 16, 1997 TAG: 9704160027
SECTION: EDITORIAL PAGE: A-11 EDITION: METRO
SOURCE: PERNELLER WILSON
THE NUMBER of domestic-violence cases in the Roanoke Valley is an outrage. More often than not, these incidents continue because of the way domestic-violence laws in this state are written.
The Roanoke chapter of the Southern Christian Leadership Conference realizes that the issue of civil rights is not limited to issues of race. Civil rights include the right of an individual to live in her home free from violence or for an individual to be able to end a relationship without the threat of violence or retaliation. The SCLC supports groups that work to bring an end to domestic violence.
However, we know this is not enough. The laws concerning domestic violence must be changed. We must work to get our state legislature to pass comprehensive domestic-violence legislation aimed at protecting all of the citizens of this great state. This legislation must include the following.
1. Mandatory arrest of the ``primary aggressor,'' and a mandatory sentence of the primary aggressor of:
48 hours in jail for the first offense,
72 hours in jail for the second offense,
four days in jail for the third offense, plus an automatic felony charge with each additional arrest.
The mandatory sentencing for being a primary aggressor would be in addition to any other charges pending from an abuse situation. Each arrest of the primary aggressor also would include an automatic comprehensive protective order being issued to further protect the abused victim.
2. When hospitalization results from domestic violence, the primary aggressor would face a mandatory felony charge carrying the same weight as a comparable violent felony. The primary aggressor also would be responsible for paying all medical bills, including counseling, and any other health-care costs that result from domestic violence.
3. Death resulting from a domestic violence situation would result in a mandatory capital offense charge, punishable by life in prison.
Not all crime happens in the streets. For some of our citizens, particularly women and the elderly, the most dangerous place to be is in the home. As outlined above, domestic-violence legislation would include a "primary aggressor" clause that would call for the person responsible for starting the abuse situation to be automatically removed from the home and placed in jail.
This legislation not only should deal with those who abuse their mates, but also with those people who use older relatives as human punching bags. Such legislation would pass constitutional muster, as similar legislation is on the books in other states, including West Virginia.
It is the dream of the SCLC that people will be able to live their lives without fear. Now is the time to bring about comprehensive legislation that would protect the citizens of this great state.
To allow the current domestic violence episodes in this state to continue without passing just laws to punish those who blatantly disregard the right of others to live safely without fear is nothing but a disgrace.
PERNELLER WILSONi s president of the Roanoke chapter of the Southern Christian Leadership Conference.
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