Domestic violence laws get tougher, with hopes that abuse drops
New Mexico's domestic violence laws just got a little stronger, with several new laws going into effect July 1st that address prevention, protection of victims, and in one case the provision of increased penalties for offenders.
The package would allow public domestic violence treatment funds to pay for the treatment of batterers statewide, as an enhancement of prevention efforts.
Also, sexual assault and stalking victims will now be afforded the same protections currently on the books for domestic violence victims, ensuring that victim information is protected. The law clarifies that victims of these three crimes aren't responsible for court costs related to prosecuting offenders. And it also says that the courts may not "arbitrarily" issue "mutual orders of protection" and that law enforcement officers must fully investigate a case in order to identify the "predominant aggressor." This addresses the problem of both victims and offenders being charged for domestic violence, because by the nature of domestic violence the victim will in many cases have attempted to fight back, which may lead an officer or judge to believe the violence was mutual.
Another new law says that victims won't be required to submit to a polygraph in order for the investigation of a case to proceed.
Finally, domestic violence penalties got tougher. A new law makes the 3rd conviction of battery against a household member an automatic 4th-degree felony, which calls for up to 18 months in prison and up to $5,000 in fines. The 4th conviction becomes a 3rd-degree felony, which calls for three years in prison and up to $5,000 in fines.
In a press release, Governor Bill Richardson said, "“Finally, after five long years, we have increased penalties for domestic violence. I commend First Lady Barbara Richardson and Domestic Violence Czar Sharon Pino for their commitment and unwavering efforts to update antiquated laws which didn’t give victims the protection they deserve.”
The Independent asked Claudia Medina, Executive Director of Enlace Comunitario, for her take on the new laws. Enlace Comunitario provides direct services to Spanish-speaking victims of domestic violence.
Medina said she supported the laws, with the strengthened prevention and protection measures being a very good thing. In general though, she and other service providers prefer an emphasis on prevention instead of increasing penalties.
Regarding the law to increase penalties, Medina said:
Domestic violence is an epidemic, and the prosecution of domestic violences cases is almost a joke. Sometimes it takes being charged 10 times for an abuser to actually be prosecuted and convicted with a domestic violence misdemeanor. In my 15 years doing this work, I can't think of one person who's been convicted more than once. So for this law to actually result in any felony conviction will require actual prosecution of domestic violence cases first.
Medina also said that laws that focus on prosecution can penalize communities of color disproportionately. This is because people of color tend to have fewer resources to hire good attorneys, and oftentimes immigrants in particular don't have a good understanding of the legal system. Plus, Medina continued, in general, taking a criminalization approach can be a waste of time.
"It creates a false hope that if we're tougher as a society there will be less domestic violence," she said, "but this isn't the case. Domestic violence is a learned behavior that has to be unlearned."
Nonetheless, Medina said that ultimately she and many others who work to prevent domestic violence supported the measure, because they're fed up.
"I hope that it will serve as a deterrent against domestic violence. Plus, it may give prosecutors an incentive to actually take a case to court and try for a conviction. Time will tell."
She concluded by warning that the state's poor victim notification laws pose a problem if prosecution of domestic violence crimes increase. As it turns out, prosecution of abuse can pose serious dangers to victims. This is because an abuser who is prosecuted or convicted might become angry and retaliate, before the victim even knows about the conviction.
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