Domestic Violence is Not a Crime in Topeka
In a horribly ironic turn of events, Topeka, Kansas, has decriminalized domestic violence in the middle of October, a month devoted to raising awareness about preventing and ending it. October has been domestic violence awareness month for over twenty years, a period of time during which exceptional progress has been made. Once thought of as a private matter, an accepted norm among many couples, domestic violence is now recognized as a crime. Unfortunately, rates of domestic violence in the U.S. remain extremely high, and survivors continue to face barriers to seeking protection and getting justice. The recent developments in Topeka have created yet another barrier for survivors to exercise their legal rights as they became political fodder in budgetary debates. This only highlights the continued critical need for increased awareness of domestic violence and its harmful effects on individuals and entire communities.
Domestic violence affects women of every racial, ethnic, geographic, and socioeconomic background. One in four women experiences domestic violence in the United States, and more than three women on average are killed each day by an intimate partner. These women suffered in silence with few legal protections before the 1980s, when states began to criminalize domestic violence and establish protective orders. It wasn’t until 1994, however, that domestic violence was finally recognized as a federal crime. The passage of the Violence Against Women Act (VAWA) legally defined and federally criminalized domestic violence, dating violence, sexual assault, and stalking. On October 11, however, Topeka, Kansas, took a huge step backwards when its city council voted to nullify their authority to prosecute misdemeanor cases of domestic violence. The whole mess began in September when, in response to budget shortfalls, the district attorney (DA) for the county in which Topeka is located announced that he would no longer be prosecuting misdemeanors and the duty would instead fall on the city. Topeka’s city council was angered by the increased responsibility without increased funding, and for five weeks the city and the county engaged in a standoff over who would be forced to provide legal protections for domestic violence victims. Then on October 11, Topeka decriminalized misdemeanor cases of domestic violence, the most common misdemeanor prosecutions in Topeka. The city hoped this would force the DA to begin prosecuting misdemeanors again, and it was right. Facing pressure from all sides, the DA announced that his office would begin prosecuting domestic violence cases again, but the city council has yet to repeal the ordinance decriminalizing domestic violence.
Both the DA and the Topeka City Council have assured the public that they take domestic violence very seriously, but their actions tell a different story. Budgets are reflections of a society’s values, and funding decisions are essentially priority decisions. The fact that Topeka was willing to risk the safety of survivors and their children to make a political point sends a message to the community that domestic violence is a low priority. In fact, domestic violence is such a low priority that the city and the county are unwilling to pay for its prosecution unless they are absolutely forced into it. Not only did Topeka’s decision diminish the importance of domestic violence and trivialize survivors’ experiences, it also placed real women in danger for the five weeks during which domestic violence was not a criminal offense. At least 30 domestic violence cases required action during those weeks. Instead, the perpetrators were released from prison with the understanding that what they did was not a crime.
Using survivors as pawns in political power struggles minimizes domestic violence and creates additional obstacles for survivors to gain the protections and services they need. Raising awareness of the prevalence of domestic violence and the effects it has on individuals and communities can help combat misunderstanding and ensure that prevention and survivor safety are top priorities. Awareness-raising campaigns exist around the country, educating people on the dynamics of domestic violence, prevention techniques, and the availability of resources for survivors.
The Kansas Coalition Against Sexual and Domestic Violence has released a series of press statements detailing Topeka’s decision to decriminalize domestic violence. They are watching the situation carefully, and are poised to intervene if the DA again halts the prosecution of domestic violence. Visit their website to learn how to get involved. You can also help raise awareness simply by talking with your friends, family, and members of your community about domestic violence.
For more information on domestic violence, visit www.futureswithoutviolence.org or http://www.nnedv.org/. If you or someone you know is experiencing domestic violence, call the national domestic violence hotline at 1-800-799-SAFE (1-800-799-7233) or log on to www.thehotline.org.
This blog post was coauthored by Hannah Green.
