Senate Acts to Strengthen Commonwealth’s Domestic Violence Laws

By Senator Katherine Clark, Senator Cynthia Stone Creem & Senator Karen Spilka

October was domestic violence awareness month, and last week the Senate unanimously passed legislation to strengthen the Commonwealth’s response to domestic violence.  As sponsors of provisions of this bill, we have worked with our colleagues, advocates, and community organizations to honor victims and stand in solidarity with survivors as we bring about necessary and meaningful changes to our laws.

The bill increases penalties for strangulation, enhances protections for victims of domestic violence, and establishes new employment rights that will help victims keep their jobs and economic stability.

Strangulation is the leading indicator of lethality in a domestic violence situation, but unfortunately, current law does not recognize the severity of this crime.  This legislation would establish the independent felony offense of strangulation and suffocation, and violation would be punishable by up to five years in prison, with a provision allowing stricter punishment when aggravating factors exist – such as if the victim is pregnant or there is an active restraining order in effect at the time of the offense.

We are seeing an alarming rise in cases of strangulation here in the Commonwealth.  District Attorney David Sullivan reports that the Northwestern District has seen an increase in the number of strangulation incidents in intimate partner relationships, with nearly 13% of their domestic violence cases in 2011 including this violent act. Nearly 30 states have passed legislation making strangulation a separate felony-level criminal offense, and this bill will ensure that Massachusetts does the same.

In addition, the legislation creates a subsequent offense to increase the possible penalty for offenders who repeatedly violate restraining orders to up to 5 years in state prison or up to 2 1/2 years in a house of correction. Currently, no matter how many times an individual violates a restraining order issued pursuant to Chapter 209A, it can only be prosecuted as a misdemeanor.

We also know that victims of domestic violence frequently miss work due to injuries, court dates and safety concerns.  This bill takes important steps to help victims recover and continue to make a living by requiring employers with 50 or more employees to allow up to 15 days of leave, with or without pay, to any employee who is a victim of domestic violence or has a family member who is a victim of domestic violence. Employees can use the leave to obtain medical attention, counseling, housing, protection orders and other legal assistance.

Victims of intimate partner violence lose 8 million days of work each year, the equivalent of 32,000 full-time jobs, according to the Centers for Disease Control, and this translates to $727.8 million in lost productivity and over $4 billion per year in direct medical and mental health care services.

Under this bill, all information about the employee’s leave must be kept confidential, unless disclosure is required under another law or the employee consents to it. In addition, employees must exhaust all available leave, such as vacation and sick time, before seeking leave established under this bill, though an employer may waive this requirement.

The bill also creates a first offense for a domestic assault and battery charge. Current law includes penalties for subsequent offenses but fails to include a first offense, making the statute unenforceable. 

To protect victims of domestic violence, the bill eliminates a provision that allows courts to dismiss charges if both parties agree in a written statement for domestic violence related offenses. Victims often feel pressure from their abuser to reconcile and are not emotionally able to resist their demands making this provision inappropriate for domestic violence related offenses.

Too often domestic violence is invisible: unhealthy teen dating relationships, stalking, threats and emotional abuse, and sometimes years of physical violence. With this bill, the Senate has acknowledged that every victim and survivor is our shared concern, and that we will ensure that our laws provide the tools to end relationship violence in the Commonwealth.

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