Sen. Fred Berry: Tougher penalties needed for repeat domestic abusers
Salem News
By Sen. Fred Berry
The recent untimely and tragic death of Jessica Herrera of Peabody was a sobering reminder that a horrible crisis has hit our commonwealth.
Domestic violence is on the rise and it affects all of us. According to the Massachusetts Coalition Against Sexual Assault and Domestic Violence, 2007 marked a 15-year high with 55 deaths being attributed to domestic violence. These numbers only tell a piece of the story, as we have no way of documenting the countless frightened victims who do not report their abuse.
For eight consecutive years, domestic-violence funding has been cut on the state and federal levels. And with fears of a recession looming and the number of victims rising, the outlook for domestic violence resources for 2009 does not seem much brighter.
As a state senator this is a frustrating reality. Revenues are down and costs are up. Our health care, education and social service systems are expected to be part of the solution, but without adequate resources how can they possibly serve this complex and growing population?
I strongly believe that one piece of legislation may give victims of domestic violence some reason to hope. On March 20, Senate Bill 62 unanimously passed the Massachusetts Senate. It is the second time this bill was approved by the Senate, the first being in January 2006.
I originally filed this bill in 2002 with then District Attorney-elect Jon Blodgett. At that time, Blodgett brought to my attention an opportunity for his office to better fight domestic violence. From that conversation, Senate Bill 62 was born.
And while, the bill has not yet been signed into law, District Attorney Blodgett has continued tirelessly to advocate for the victims and families in these abusive situations. It is time for us to see the wisdom of his judgment in these matters and pass Senate Bill 62.
As Candace Waldron, executive director of Help for Abused Women and their Children, has noted, "The system needs to be the strong arm of the law." I agree with her and believe we can strengthen our system with the passage of Senate Bill 62.
The legislation would double the potential penalty for domestic abusers from 2 1/2 years in a house of correction to five years in state prison. This would allow district attorneys discretion to seek increased penalties for repeat batterers.
Our district attorneys see a revolving door of crime, with the same batterers committing abuse again and again. Domestic abusers violate their victims to create an environment of power and control. Rather than treat each situation as an isolated incident, this legislation will allow the criminal justice system an opportunity to deconstruct this perverse power structure. To that end, longer sentences for perpetrators will provide victims a chance to rebuild their lives and, hopefully, break the cycle of abuse.
Currently the prosecuting attorneys can only pursue harsher penalties against a batterer when the victim is maimed or dead. This is wrong. We can do better.
The bill is now in the House of Representatives and with just under four months left in the legislative session, I urge my House colleagues to act now and pass this important piece of legislation. As legislators we have the rare opportunity to do something that will save lives.
Our communities and neighborhoods are weakened each day and in each instance in which a person does not feel safe in their own home. We have the power to be part of the solution to the domestic violence crisis. Let's seize this opportunity and help stop these preventable deaths.
nnn
Fred Berry, D-Peabody, is majority leader of the Massachusetts Senate. You can help fight domestic violence by participating in the annual Walk for HAWC on Sunday, April 27. The event begins and ends at Old Town Hall in downtown Salem. Registration begins at 11 a.m. For more information call 978-744-8552.
