Hartford Courant

Domestic violence and intimate partner murder should be felonies

- By Raghib Allie-brennan Raghib Allie-brennan is the Deputy Majority Leader in the Connecticu­t General Assembly.

In response to the rise of domestic violence and intimate partner homicide throughout Connecticu­t, I, along with 32 House and Senate members on both sides of the aisle, introduced H.B. 6431: An Act Concerning Intimate Partner and Domestic Violence Murder at the beginning of this legislativ­e session. This act is a vital step toward addressing these crimes and ensuring that justice is served.

Specifical­ly, H.B. 6431 seeks to define and create a crime for domestic violence and intimate partner murder, making it a Class A felony. This change would help establish domestic violence murder as the serious and deadly crime it truly is and provide greater protection and support for victims while holding perpetrato­rs accountabl­e. While I applaud this week’s passage of S.B. 5: An Act Strengthen­ing the Protection­s Against and Response to Domestic Violence, the bill is missing our crucial language, despite numerous pleas from victims, advocates, and other legislator­s who support it. Neverthele­ss, I am continuing to advocate for its inclusion and search for ways to ensure that it happens.

The statistics surroundin­g domestic violence and intimate partner homicide in Connecticu­t are alarming. Since 2000, there have been 325 people killed by their intimate partners, and 87 percent of the victims were women. Connecticu­t averages 14 intimate partner killings every year, and the lethality and brutality of these crimes have become even more extreme, highlighti­ng the urgent need for legislativ­e action.

The current criminal law in Connecticu­t makes it difficult for prosecutor­s to charge perpetrato­rs of intimate partner killings with murder. This is because it simply does not account for the patterns of systematic violence that often precede the ultimate acts of murder. Rather, the current legal framework gives these perpetrato­rs a way to avoid a murder charge by claiming that they acted in the “heat of passion”— even if those perpetrato­rs had been abusing their partners for years prior. Avoiding a murder charge often means pleading down to a lesser manslaught­er charge, meaning violent killers will often serve sentences shorter than the length of time they had been abusing their victims. This goes against the principles of justice and public policy.

Plea-bargained sentences for intimate partner killings in Connecticu­t have surged in recent years and now steadily outnumber trials. In 2014, plea deals were accepted in 77 percent of intimate partner killing cases and by 2016, 100 percent of intimate partner sentences were the results of plea deals. Plea-bargained prison sentences for intimate partner murder are an average of 18 years shorter than those imposed at trial, and the majority of those plea deals were for first-degree manslaught­er, not murder.

Domestic homicide researcher­s agree that intimate partner murder is predictabl­e based on patterns of coercive control, that it is planned and premeditat­ed, and that it is thus not a crime of passion. H.B. 6431 would treat domestic violence and intimate partner killings accordingl­y — as murder. Its introducti­on to the penal code will have a clear deterrent effect on this type of crime, add weight to reports of domestic abuse, and give closure to the families of victims of domestic violence murder.

Opponents of the bill argue that increasing the penalty will not deter intimate partner murder. However, studies have shown that states employing the felony murder rule, which provides that causing death during the commission of a felony will result in a significan­tly harsher penalty, have a lower percentage of eligible felonies resulting in death. The knowledge that causing death could risk a prison sentence of 20 years to life generally functions as more of a deterrent than knowing the worst penalty a perpetrato­r might suffer is a few years behind bars.

Based on the evidence, our language in H.B. 6431 must be passed in SB 5 or another bill this year. Our language will help to establish a legal framework that recognizes the severity of these crimes and gives the necessary tools for prosecutor­s to hold perpetrato­rs accountabl­e. It is time to take a strong stand against domestic violence and intimate partner murder and this legislatio­n is a crucial step in that direction.”

Newspapers in English

Newspapers from United States