Domestic violence victims need shield

Source: San Francisco Chronicle, 12/23/2005
EDITORIAL

It seems common sense that a woman who has been the victim of domestic violence should not face being imprisoned for contempt of court if she refuses to testify against her attacker. Someone who has been beaten and brutalized should not be forced to relive the pain in open court against her will. Yet under current law, these victims face the prospect of either recounting their stories -- perhaps putting themselves in danger if the perpetrator is not convicted -- or going to jail for refusing to testify.

Fortunately, Assembly Speaker Pro Tem Leland Yee, D-San Francisco/Daly City is working on a bill that would lift this burden.

Katina Britt, 32, of San Mateo barely escaped incarceration this week for being too afraid to testify at the trial of her ex-boyfriend, David Gilford. On Monday, Britt's court-appointed attorney obtained an emergency stay from the U.S. Court of Appeals, the very same day she was supposed to surrender for confinement in San Mateo County Jail.

Then on Tuesday, the jury convicted Gilford on charges of residential burglary, in addition to felony assault for severely beating Britt in 2003. He faces a seven-year sentence, but could have served 11 years if Britt had testified about their domestic relationship.

Understandably enough, district attorneys worry that without any coercive threat of jail, victims might be more likely to let their attackers intimidate them into refusing to talk, which could then allow dangerous batterers to escape confinement and remain free to injure or kill in the future.

But Yee believes that a preponderance of evidence, such as eyewitnesses, or photos and medical records of injuries, should usually be enough to convict a domestic-violence defendant for assault charges. After learning of Britt's predicament, Yee announced that he would introduce a bill in January to stop judges from jailing domestic violence victims who refuse to testify. A similar protection already exists for victims of sexual abuse in California.

Yee's proposed bill is supported by Community Overcoming Relationship Abuse, San Mateo County's most active nonprofit aiding domestic violence sufferers. CORA Program Director Lisa de Geneste denounced current law as unfair because prosecutors can seek jail for victims reluctant to testify. She likened this to holding the victim personally responsible for winning a guilty verdict.

Under current law, victim statements to police cannot be presented as evidence and no officer or advocate can testify about such statements.

The victims of domestic violence have been through enough. Ideally, victims would provide strong evidence against the perpetrators of this cruel crime, but because physical abuse is often accompanied by psychological abuse, many victims may be frightened to testify. They shouldn't have to be afraid of going to jail if they don't.

Copyright 2005 SF Chronicle