Update on that Domestic Violence Thread from KS

[GenerationCedarchip]

Not to revive the recent domestic violence debate, but I saw in today's news that Topeka did in fact pass the law to repeal its local law against domestic battery. According to the news coverage, the county prosecutor had already stopped prosecuting domestic battery cases for budget reasons and the city didn't want to get stuck carrying the freight for these kinds of cases. My reaction is pretty much summed up here:

:angry-screaming:

And here's the story:

http://www.kansas.com/2011/10/11/205796 ... ttery.html

So, apparently Topeka is the place to go if you want to beat up your household.

[BravaAmica]

Maybe they want all the domestic violence committing assholes in one place so it'll be easier to take them out. You know, like with a bomb or something? /end sarcasm

Ugh. too furious for words.

[Deleted03]

how is that legal?

[ChickeyMonkey]

I asked this on the other thread but no one answered me. It devolved into a debate about victims and such.

Anyway, here's my original question: If they won't prosecute domestic battery, what about assault and battery? Is that a misdemeanor? Would those charges not get prosecuted either? If they would get prosecuted, could the victim press charges and have the charges be assault and battery? I know the victim doesn't get a say in what the charges will be, but maybe the officers can help with that, knowing that DV won't be prosecuted now?

[emmiedahl]

I believe the city is trying to force the county to take over, or vice versa. It's a lot of politics.

[Hane]

I asked this on the other thread but no one answered me. It devolved into a debate about victims and such.

Anyway, here's my original question: If they won't prosecute domestic battery, what about assault and battery? Is that a misdemeanor? Would those charges not get prosecuted either? If they would get prosecuted, could the victim press charges and have the charges be assault and battery? I know the victim doesn't get a say in what the charges will be, but maybe the officers can help with that, knowing that DV won't be prosecuted now?

I couldn't agree with you more: why should domestic battery be treated differently from any other form of battery? And are the Topeka cops still treating women's reports of sexual assault as "he said/she said" arguments about whether the union was consensual?

I think the Topeka decision is chock-full of logical and procedural holes. I am proud to have been an original incorporator of one of the first battered women's task forces and shelters in Connecticut, home of the Tracey Thurman decision. In my state, the victim of domestic battery does not have the "right" to decide not to press charges against her (or his) attacker--any cop who has good reason to believe that an abuser has hurt a victim MUST arrest the attacker.

[dairyfreelife]

I'm glad I don't live in Kansas. We had an incident in my neighborhood earlier this week involving domestic disturbance. It got physical and I called the police because I was the only neighbor around. I would hate to think that the police would not press any charges for that or do anything about something so terrible. Behavior like that is not acceptable and it is not fair to the neighbors or young children around to have to see such a display because other adults can't control their tempers.

[GenerationCedarchip]

how is that legal?

There is nothing requiring that something most people find repugnant be made illegal. Theoretically, a state could decide to repeal its entire misdemeanor code if it really wanted to and then all kinds of craziness would be legal. There are some things, such as many drug offenses, that are also illegal under federal law so even if a state or locality repealed its drug laws, the feds could still prosecute.

[Sola]

So let me get this straight; Myself and my husband, for reasons I cannot fathom, go and visit Topeka. Whilst there something bizarre and strange takes over him and he suddenly beats the crap out of me. I go to the police and they do what? Sweet fuck all? Really?

*speechless*

[Boogalou]

This is, you know what? There are no words. GAHHH! I cannot even tyoe out a coherent response. Not going to Kansas, ever. That's right, I will write of an entire state.

[samithemage]

This just angers me so much. I have a cousin (and her 2 small boys) who has been involved on and off in DV issues. He has a lot of issues with PTSD, and I hesitate to label him as "the debil!" I realize that a lot of his problems are related to his war experiences, and I would never want him to be abandoned by society. She realizes how toxic the relationship is about 85% of the time, and leaves. Those of us who can have a little perspective realize what a toxic person he is. The only comforting thing about the situation is that when she does manage to call the authorities, they actually do something (if not enough). At least he's forced to go to counseling and begin to get help, when he starts to go of the deep end. He's been improving, though not quickly enough for my standards

[1004srs]

So, Topeka has no prosecution for domestic violence AND The Phelps clan?

[dairyfreelife]

So, Topeka has no prosecution for domestic violence AND The Phelps clan?

Poor Topeka can't get a break. I drove through there once and stopped in the city briefly to rest. It seemed like a nice place. Such a shame.

[cerealsara]

It is all political. Now the county will prosecute domestic violence cases and other misdemeanors. I do believe there may have been some cases that fell through the cracks during this whole debacle when neither the city nor the county was prosecuting. Gotta love my town. :(

http://cjonline.com/news/2011-10-12/tay ... pYxU9RN_-k

[Buzzard]

Its not as big of a deal as it looks. They cant repeal or refuse to enfore STATE law, theyre just dealing with the piddly stuff that rearely is serious. This is a total political move to get money and media attention. I doubt many cases will fall through the cracks at all.

[bananacat]

I believe the city is trying to force the county to take over, or vice versa. It's a lot of politics.

Yeah, I've heard this theory too. I'm so annoyed that women are the pawns in some political game, yet again. They know they can use this is a bargaining chip and get away with it. We're always the ones thrown under the bus. Meanwhile, abusers are being sent back to their victims so politician can score some points while things get worked out.

[CanadianHippie]

Its not as big of a deal as it looks. They cant repeal or refuse to enfore STATE law, theyre just dealing with the piddly stuff that rearely is serious. This is a total political move to get money and media attention. I doubt many cases will fall through the cracks at all.

I didn't realize that DV was "piddly stuff" and "rarely is serious"... Here I am thinking even the small stuff is the sign of a bigger issue and needs to be dealt with before it escalates.

[1004srs]

cjonline.com/news/2011-10-12/back-wall-prosecutor-relents

TOpeka has changed its stance on the domestic violence stupidity.

[longskirtlotsakids]

Yeah, now they're going to save $$$ by not busting child moslestors. Idiots. Isn't this the same state that outlawed Darwin because he makes Xtians feel all squirmy?