Jun 13, 2008

Don't go after victims of abuse

Editorial

The California Legislature and the governor should approve legislation from Sen. Leland Yee that will protect victims of domestic violence from being revictimized during the prosecution of these crimes.

Under a disturbing provision of state law, those who suffer from domestic violence can be threatened with incarceration if they refuse to testify against their abusers. That happened in 2005, when a judge ordered a San Mateo County woman jailed on contempt of court. Fortunately, a state appeals court overturned the charge.

Though intended to persuade reluctant victims to aid prosecutors in these difficult cases, this state law goes too far. If a prosecutor needs to threaten a victim to force her to testify, it may be a sign the case is already in trouble. Don't put the burden on the victim. Perhaps even worse, using a law like this to compel testimony might discourage other victims from coming forward to seek the protection they need. Domestic violence cases are already complicated enough.

Under existing law, sexual assault victims in similar circumstances do not face imprisonment. Why should those battered by a spouse or companion be singled out?

SB 1356 by Yee (D-San Mateo/San Francisco) would offer safety from the threat of prosecution for domestic violence victims, who deserve the same consideration. Yee pushed such legislation in 2005, but it stalled in the Assembly Public Safety Committee amid opposition from prosecutors.

This time, Yee's effort appears to be faring better. It's been approved by the full Senate and recently cleared the aforementioned Assembly committee.

That puts it one vote away from the governor's desk, Yee said.

The Assembly and the governor should approve this much-needed reform, which will do away with an unnecessary anti-crime law that does little to combat crime and only threatens the victim.