Bolton: Getting tougher penalties for domestic violence offenders no slam dunk in SC

IN SOUTH Carolina, we breed men who kill women. There’s something wicked in our culture that says it’s OK to hit, abuse and, yes, kill our wives, girlfriends and ex-lovers.

It’s sinful. Reprehensible. Intolerable. Yet for years we’ve failed to do enough to purge this evil element from among us.

Which is why it’s been encouraging to see so many people — from politicians to law enforcement officers to prosecutors and oodles of others — join victims’ advocates over the past couple years to demand change.

The effort reached a fever pitch on the first day of this year’s legislative session, when Attorney General Alan Wilson stood in the second-floor State House lobby between the House and Senate chambers with lawmakers, law enforcement officers, victims’ advocates, prosecutors and others to call for a law aimed at increasing penalties for domestic violence. State Law Enforcement Division chief Mark Keel and S.C. Coalition Against Domestic Violence and Sexual Assault executive director Sara Barber were there. So were House Speaker Jay Lucas, Lt. Gov. Henry McMaster and Senate Judiciary Chairman Larry Martin.

Law enforcement officers joined citizens in holding silhouettes representing South Carolinians killed in domestic violence. A blow-up of a letter signed by Mr. Wilson, prosecutors and others urging lawmakers to act was displayed on an easel.

With the session just getting underway, “There’s not a single bill on our agenda,” Sen. Martin said, vowing to quickly move the legislation out of Judiciary and onto the full Senate’s calendar.

Things seemed to be headed in the right direction; reform would come quickly.

Then reality set in.

As the crowd dispersed, one lobbyist mused, “I hope they don’t gut that bill.” Others nodded in agreement.

As I talked with Mr. Wilson, it was clear that he was elated about the overwhelming support the legislation was getting from Democrats and Republicans in the House and the Senate. But he noted that not everyone was on board.

When I asked what was the likelihood of getting the strong, tiered penalties he and others had proposed, he said he was hopeful. Then he reminded me that the democratic process can be messy sometimes and you don’t always come out with what you went in to get. He’s hoping lawmakers give prosecutors, law enforcement and the courts adequate tools to make a difference and keep people alive.

You’d think that passing stiffer domestic violence penalties would be a no-brainer, a slam dunk, a breeze. But nothing’s a slam dunk in the S.C. Legislature, not even legislation aimed at keeping women alive.

Even under the best of circumstances, this legislation could face significant opposition. But add in the fact that it calls for taking away the guns of offenders for 10 years — frankly it could be a single day — and you’re sure to have a brawl. Look for pro-gun forces to try to strip out the gun provision or kill the legislation altogether.

I know. Second Amendment rights. What about women’s rights to live?

An analysis by The Post and Courier of Charleston found that guns were used in 64 percent of all domestic violence killings of women in South Carolina over the past 10 years. How can we not take guns out of abusers’ hands?

Turning such grim statistics around and changing our violent culture will take years and many different methods, including the kind of intervention and education that Gov. Nikki Haley promises with the Domestic Violence Task Force she announced last week. It will search for solutions in the areas of criminal justice, community outreach and victim and offender services.

While educating people and changing hearts will be what ultimately handcuffs this scourge, the fact is, as Mr. Wilson noted, that our laws reflect our values. By passing tougher domestic violence laws, our elected representatives send a clear, collective message on South Carolinians’ behalf that says that we value women and will punish those who would harm them.

To that end, Sen. Martin kept his promise: He ushered a bill through Judiciary that calls for a tiered system of penalties based on the severity of the crime. The most severe offense would be domestic violence of a high and aggravated nature, a serious, violent felony that would carry a penalty of up to 20 years in prison. There would be three other tiers, first-, second- and third-degree domestic violence, with penalties that range from zero to 10 years. In addition, the proposal would bar domestic abusers from possessing guns for up to 10 years after their conviction.

South Carolina ranks No. 2 among states in the rate of men killing women, has held the top spot multiple times and has been a mainstay in the top 10 since the Violence Policy Center began the rankings in 1999.

Who knows how long we’ve really been among the nation’s leaders at killing our women. Isn’t it time we took strong action to keep our sisters, mothers and daughters above ground? This should be a no-brainer, a slam dunk even.

Reach Mr. Bolton at (803) 771-8631 or wbolton@thestate.com.

This story was originally published February 1, 2015 at 12:00 AM with the headline "Bolton: Getting tougher penalties for domestic violence offenders no slam dunk in SC."