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Show Friday, March 12, 1999 The Daily Utah Chronicle - 3 Chronicle News Special Alms ed Twice? Utah Deprives Women of Personal Autonomy in an Effort to Prevent Domestic Violence Brady Snyder Chronicle News Writer FIFTEEN Sixty-thre- e 0 YEARS AGO Brandy a husband. He was an graduate from Brigham a return mission- ary for the LDS Church, and they lived in a quiet Mormon community in Sandy. There was, however, one problem. He used to beat her up a lot. Farmer said it began with a slap in the face but it got much worse. He would beat her head against the wall, choke her and much more. Her husband raped her and deprived her of sleep and food, says Farmer. "I would get so tired, my dream would just be to sleep," Farmer said. Her husband used to play a game with her. A form of Russian roulette he would load a few blanks into a gun, spin the cylinder and then fire it at her head. It amused him to see her duck every time. Eventually, she didn't duck because she wanted the bullets to be real she wanted to die. Farmer felt out of control she was caught in a cycle of abuse from which she couldn't escape. "I wanted someone to take the responsi- bility of filing charges against rriy she said. She was too afraid to do it herself. Now Farmer is the domestic violence pro- gram coordinator for the Utah Attorney General's Office. She advises Attorney General Jan Graham on domestic violence issues. Farmer maintains that many victims feel the same way she did. They want someone to assume the responsibility of prosecuting abusers. They can't break away themselves. This year the Utah State Legislature agreed with Farmer. By way of House Bill lt 227, sponsored by Rep. Afton Bradshaw Lake City), victims of domestic violence will have little responsibility or power over what happens to those who abuse them. The new law gives prosecutors ultimate control over the fate and punishment of abusers. The law was enacted because many thought abusers were influencing victims to convince courts to drop charges. Under the old law, which was upheld by the 3rd District Court decision Salt Lake City v. Johnson, 1998 domestic violence victims had much more control over what happened to their abusers. The Court's decision stated that a trial court may legally dismiss a charge involving domestic violence "at the request of the victim if the court has reasonable cause to believe that the dismissal would benefit the (R-Sa- victim." Prosecutors argued that abusers have a large degree of mind control over their victims. These victims, then, should not have a great influence on the court. A victim could be so scared or blinded she would ask the court to pardon her abuser even if it was not in her best interest, they say. Moreover, prosecutors argued that the victim should not be able to request dismissal because the victim is not bringing the charges. It is the city that is prosecuting the abuser, not the victim. "This is a crime against society, not against the victim. The victim is merely a witness to the crime," said Roger Baker, a prosecutor with Tooele City. percent of all boys who are incarcerated for murder between the ages of 11 and 20 had murdered their mother's abuser. Children who witness abuse are more likely to commit suicide, abuse drugs, run away from home, engage in teenage prostitution and commit other crimes, including sexual assault. Battering is the largest single cause of injury to women in the United States more than auto accidents, rape and mugging combined. The leading cause of death among U.S. women is domestic violence. One of every 10 women is assaulted by her intimate male partner. Only 15 percent of alt domestic assaults come to the attention of law enforcement. There are nearly three times as many animal shelters in the United States as there are battered women's shelters. Family violence kills as many women every five years as the total number of Americans wHo died in the Vietnam War. Thirty-fiv- e percent of all women who visit emergency departments in the United States are there for symptoms related to ongoing abuse. -- Dave Hancock Sources: Utah Attorney General Ian Graham, MassaU.S. Surgeon General and the U.S. Senate Judiciary Committee. chusetts department of youth services, Baker said domestic violence has more serious consequences to American society than any other crime. Domestic violence affects all aspects of society, in large part because children of abusers grow up to be abusers, he said. Prosecutors like Baker have long wanted the freedom to pursue abusers without limitation. Often, victims would come to court (sometimes even led by the wrist by a defense attorney or even the abuser himself) and ask the judge to dismiss the case, Baker said. Sen. Terry Spencer, head of the Senate Judiciary Committee, has been an attorney for eight years. He has seen many victims who are caught in a cycle of abuse like the one in which Brandy Farmer was ensnared. "Tension builds, then there is the abuse and after, that a honeymoon period," he said. It is during this honeymoon period when victims ask judges to let their abusers go of the cases judges will let free. In abusers go, he said. The cycle, then, continues. While he is sympathetic to the problems associated with this vicious cycle, Spencer was the main opponent of Bradshaw's bill. "We have done another 'nasty' to all women. There is not a women in the state who should support this bill," he said. Spencer maintains that Bradshaw's bill diminishes the victim's role making them, once again, helpless and powerless. The victim goes from one powerless situation to another, he says. Spencer argued that the victim needs to have some control over the situation. She has to decide what is best for herself and any children involved. "Government assumes all the time that they know what is best. How do we expect two-thir- victims to get over the victim mentality if we continually put them in helpless situations?" Spencer asked. Also, prosecutors generally have a 'no drop' policy. This means prosecutors will not drop charges under any circumstances, Spencer said. The victims and abusers, then, are at the mercy of the prosecutors, who can legally force a women to testify even if she doesn't feel it is in her best interest. Spencer is wary of giving this much power to prosecutors who are eager to get convictions. Judges had this power under the old law and they should have kept it, Spencer said. Baker, who prosecutes abusers, said he is sympathetic to a victim's unique circumstances. Victims want to survive emotionally. The abuse cycle is stable and predictable, he said. If victims leave that cycle they abandon that sense of stability. Baker knows that leaving can be scary. "They have many questions how will I get money, where will I live, how will my children survive, will he come after me?" he said. Despite all these fears, Baker said he will prosecute even if a victim begs him not to. "It is the only safe decision that will stop the abuse," he said. But some Senators argued against the bill for another reason. has probably Sen. Mont Evans, done more for domestic violence than any senator in the state. When he is not at the Capitol, Evans is a professional social worker. He has sponsored legislation forcing police officers to make an arrest if they are called to a home for a domestic violence dispute. Three times he has been given awards for domestic violence legislation he sponsored. Still, despite his track record, Evans voted against Bradshaw's bill. He thought the bill went too far. "I practice reality-base- d social work. Individuals need to accept some responsibility for their own behavior," Evans said. One major concern he had was the ease with which women can get protective orders against their husbands. A woman can get a protective order against her husband simply by filling out a form at the county clerk's office. The husband, then, must stay away for 20 days before a judge can hear the reasons for the order. Under the old law, the judge and the victim had much more input as to whether or not to proceed with a case againsv someone who violated this order. The new law places this decision squarely in the hands of the prosecutor. Spencer agreed with Evans and said this process is unfair because even if the protective order is found to be without merit the husband can be charged for violating it. period between issuing During the y the protective order and the hearing the husband could be charged with domestic violence just by going home to get a toothbrush or clothes, he said. Paul Smythe knows how hard life can be while waiting for a protective order to expire. Smythe lives in the small Utah County community of Pleasant Grove. He has a home where he lives with his wife and three children. One night Smythe came home late, again. His wife, Jocelyn Clark, had had enough. She created a lie as her husband walked through their living room door. She told him that while he was out, she had cheated on him. Smythe was enraged but decided to try to sleep his anger off. In the morning Smythe could not hold back any longer. He told Clark to leave he was kicking her out. But she refused to go. Smythe picked her up and forcibly removed her from his house. Clark went down to the to the court and filed a protective order against Smythe. Police came to the house and made him leave, while Clark was free to move back in. Smythe had no place to go all his clothes, hygiene products and, most importantly, his three children were in his house, which he was forbidden from entering. At the time, Clark thought she wanted a divorce. The protective order was a bargaining chip for that process. Later the two made amends but Smythe had a horrible 20 days away from his home and family. The real problem would have been if Smythe had gone back to his home while the protective order was still in effect. Even if he only wanted to see his kids or get some clothes, he could have potentially been charged with domestic violence. Spencer said he fears cases like Smythe's and Clark's will escalate under the new law. "I've seen many examples of the kids this will hurt," Spencer said. Bradshaw said Spencer is complicating a simple issue. "We are changing a tiny part of the law here and he wants to make it a huge deal," she said. In the end, it comes down to whether abused women are in a position that allows them to make good decisions. And if they aren't, are prosecutors responsible enough to make those decisions for them? 20-da- |