Justice overdue for domestic violence victims
If the COVID-19 pandemic had not occurred, remedies to Connecticut’s defective domestic violence laws might be in place by now. Victims might have been spared abuse, not all of which is physical, despite how it is defined in the courts. Some would not have been subjected to further indignities at the hands of a legal process that should have been corrected decades ago.
Crime is often swift. Justice is almost always too slow.
State Sen. Alex Kasser crafted a bill to address the problems. Like too many bills in Hartford, it took a tragedy to draw overdue attention to it. One of Kasser’s constituents, Jennifer Dulos, of New Canaan, disappeared after dropping off her children at school.
Dulos sought a restraining order in 2017 after leaving her husband. The judge denied her request because it didn’t fall into the category of physical abuse. Her remains have yet to be found.
The so-called “Jennifer’s Law” later shifted the apostrophe to be known as “Jennifers’ Law,” to additionally honor Terryville resident Jennifer Magnano, who was forced to return to the state to testify in person in her divorce, and was subsequently killed by her husband.
Kasser’s bill was stalled as the pandemic cut the session short. For victims of abuse, that triggered an even crueler twist. Reports of abuse declined. Trapped in social isolation with their abusers, many suffered in silence.
This crime that hides behind closed doors thrives in the digital age, as abusers use threats and withhold resources with legal immunity. The documented cases of physical abuse are jarring enough, and discount the cliche that only women are victims. The U.S. Department of Justice puts the annual number of victims of physical violence at the hands of a partner at about 1.3 million women and 835,000 men.
State lawmakers have done some promising work by broadening the scope of Kasser’s bill. It was recently reintroduced as SB-1091 and passed the judiciary committee by a 34-4 vote.
While it’s encouraging to see overwhelming support, the four “nays” offer a reminder of lingering resistance. One objection concerned the concept of remote testimony because the accused would be deprived of facing their accuser.
It’s a non-argument, particularly at a time in history when courts pivoted toward remote proceedings. Sparing victims from having to be near their abusers is a benefit of the law, not a shortcoming.
Similarly, the bill would permit victims to apply for restraining orders electronically.
It seeks to remedy other remarkable flaws in existing law, including allowing domestic violence to be recognized as a legal reason to dissolve a marriage.
If passed, the bill would initiate training in the justice system, starting with judges. But the public at large also needs to recognize the scope of what the United Nations refers to as “a shadow pandemic.”
Lawmakers need to pass this bill with the urgency it demands. Each delay jeopardizes more lives. Domestic violence has claimed victims in the shadows for far too long.
Kasser’s bill was stalled as the pandemic cut the session short. For victims of abuse, that triggered an even crueler twist. Reports of abuse declined. Trapped in social isolation with their abusers, many suffered in silence.