Domestic violence bill promises crucial victim protection

By Crystal D. Hancock

Nevada Daily Mail

A bill has been sent for approval by Gov. Matt Blunt to better protect victims of rape and domestic violence. Bill 583 increases the penalties for repeat domestic violence abusers from five to 15 years in prison to 10 to 30 years, or life in prison. It also states that victims of sexual assault or forcible rape cannot be forced to submit to a polygraph test in order to have the crime investigated. Volunteers and employees of rape crisis centers would be protected from testifying about confidential information unless the client waives the confidentiality requirements. Following sentencing, it provides further protections by allowing crime victims to offer a statement or have a representative appear for them as well as allows a partition to be set up during probation and parole hearings in order to shield the victim from the offender, according to a Missouri Senate news release.

Nevada's Moss House Director Martha Sander said she is extremely excited about the advancements that this bill could make possible for the protection of domestic violence victims and battered women and children. "Topics that this bill touches on, such as protection orders, are critical and crucial for battered women. The issues that this bill could affect may definitely help put safety back into the hands of battered women as well. It will also prove that the government is one step further into protecting these victims," Sander added.

According to the Missouri Senate Bill Summary, "Bill 583, which originally allows those seeking orders of protection to be informed by circuit clerks that they can voluntarily sign up for the MOVANS automated notice system to be told when their ex parte orders of protection are served and in effect, was amended in the Senate to contain the crime victims' rights provisions that were twice passed by the House, according to a release from the Missouri Coalition Against Domestic and Sexual Violence."

Provision 191.225, "clarifies that rape victims cannot be charged for the sexual assault forensic evidence exam, standardizes the medical professionals such as doctors and nurses who can perform the exam. It also standardizes the evidence collection procedures for prosecution of rape cases. Funds were passed in the Department of Health budget to pay for the evidence exams. Medical treatment can be reimbursed to sexual assault victims or hospitals through crime victims' compensation."

Provision 212.692, "allows the Parole Board to hold review hearings for those convicted of murder who have no prior violent felonies, have served 15 years and have a history of domestic and sexual violence against them by the person killed and did not have the opportunity to present that evidence in court. This will affect four women in Missouri who received either life without parole for 50 years or life without parole. This section only applies to those convicted prior to the passage of the Missouri statute allowing the battered spouse syndrome to be used in court. The Parole Board does not have to hold formal parole hearings for these women, nor does it have to release them. This provision allows those who would not otherwise have an opportunity to have their status reviewed and considered by the board for early parole. This provision is supported by the Department of Corrections."

Provision 431.056, "amends current law for qualified minors, 16 and 17-year-olds, living separate from their parents or guardians, who often are victims of abuse and homelessness, to allow these vulnerable teens to receive counseling, financial assistance and advocacy from domestic violence and rape crisis programs. Current law allows these teens to receive education, housing, employment and shelter, but the law did no specify that they could receive the full assistance services they need for being victims of violence."

Provision 455.003, "provides confidentiality of communications between rape victims and advocates and volunteers at rape crisis centers and is modeled on current law for domestic violence shelters. It will help rape victims come forward to receive assistance, by knowing that the information they share about the trauma they survived will not be shared with others without their written consent."

Provision 455.038, "directs circuit clerks to inform petitioners for orders of protection that they can voluntarily sign up for automated telephone notice of service of their Ex Parte protection order through the MOVANS automated victim notification system.

"Knowing when the protection order is served by law enforcement is essential to increasing victim safety at a time when risk of violence is at one of its highest points, when the victim leaves the abuser or seeks assistance."

Provision 595.036, "maintains the administrative hearing process for appeals for crime victims' compensation in the Department of Labor and Industrial Relations, while the full compensation program has been transferred to the Department of Public Safety by executive order of Governor Matt Blunt. There are no mechanisms for appeals hearings by administrative law judges in the Department of Public Safety, so the worker's compensation division will maintain its jurisdiction over the appeals process for crime victims' compensation."

Finally, Provision 599.660, "establishes an address confidentiality program for victims of stalking, domestic and sexual violence so their street addresses are not listed in public records and allows an address through the Secretary of State's office to be used as their official addresses. For those enrolled in the program, mail would be forwarded to the victims from the Secretary of State's office. The address may also be used for official purposes, such as getting a drivers' license."

"What people in the community need to understand is that these acts of violence could happen to anyone. It is because of this that citizens need to support local programs for battered women and children. We do everything we can here at Moss House to comfort and protect victims, but help from the community is always appreciated," said Sander.