The domestic violence laws in North Carolina just got tougher.
A new law, which was passed July 15 and took effect yesterday, puts increased restrictions on domestic violence. Among other changes, strangulation is now a legal offense and abuser treatment programs for perpetrators on probation are compulsory.
This law—House Bill 1354—will put North Carolina “at least in the top third of states effectively dealing with domestic violence,” said Beth Froehling, public policy specialist for the North Carolina Coalition Against Domestic Violence.
With 74 deaths, North Carolina was ninth in the nation in 2002 for the number of domestic homicides, according to a 2004 report by the Washington D.C.-based Violence Policy Center. Since then there has been marked improvement, decreasing from 71 recorded domestic homicides in 2003 to 65 so far this year.
“Domestic violence is about one partner having power and control over another partner,” said Froehling, noting that although it can take many forms, including emotional, physical and financial, the legal definition refers only to physical violence.
“Strangulation is a common tactic, which often leads to homicide,” Froehling said, and making strangulation an offense is a positive step in attempting to limit the number of deaths resulting from domestic violence.
North Carolina is only the third state to consider strangulation a legal offense, Froehling added.
The new law also requires convicted abusers on probation to complete an abuser treatment program approved by the Domestic Violence Commission. The programs must last six months and include at least 39 hours of discussion.
Officials held varying degrees of optimism about how effective such programs will be for counseling perpetrators and limiting domestic violence.
“The hopeful outcome is that the abuse will stop,” Froehling said of the program’s potential for success. “[But counseling] works for some perpetrators and for others it doesn’t.... It has a better success rate for offenders who are first-time offenders, and the further along you get in the cycle, the less effective it is.”
Jean Leonard, sexual assault support services coordinator at the Duke Women’s Center, said “treatment for perpetrators is not usually considered highly successful,” and argued instead that counseling for victims was more effective for lasting change.
Ada Gregory, co-executive director of Durham Crisis Response Center, agreed that “the key to making an impact is to treat victims.... You need to help the survivors.”
But others, such as Amily McCool, program coordinator for CHANGE—a six-month treatment program for domestic violence aggressors in Durham and Orange counties—argue that prevention programs can produce positive behavioral changes in the perpetrators.
“When they come to the program, most are in denial. They are usually angry about being here. They don’t think they have a problem. They feel justified in their actions towards their partner,” McCool said. “But it is also typical for [aggressors] to have an ‘aha’ moment... six to eight weeks into the program... when they start being honest with themselves.”
McCool said it is important to note, however, that although the treatment programs are considered mandatory, judges have the option of granting reprieve, and therefore, there is some chance “that the law will not be as effective as might be expected.”
Froehling said another condition is necessary for the program’s success, noting that “it is very important for there to be consequences,” if perpetrators do not fulfill their treatment program requirements. As a result, the perpetrator would legally be required to serve time, she explained, however the extent to which the court will enforce this is questionable.
The law also calls for specialized law enforcement training and legal assistance for victims. In addition, it charges abusers who have two convictions—instead of the previous five—with a habitual misdemeanor assault.
Overall, officials agree that the law’s increased punishment for aggressors is a positive development in North Carolina’s approach to domestic abuse.
“By treating domestic violence more seriously we think we will save lives,” Froehling said, adding that it is important to keep in mind that “the court system is just one [avenue] which is impacting domestic violence. It will take our entire society to eliminate domestic violence.”
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