Rhode Island also has "dual arrest" option
By Sarah Smith, special to ProPublica
The Connecticut Legislature has sent a bill to the governor’s
desk that seeks to end having victims of domestic violence arrested along with
their abusers because they fight back during the course of an assault.
For years, Connecticut’s domestic violence victims have been at
risk of “dual arrests” — instances in which police arrest both the victim and
the perpetrator of domestic violence.
The state has a dual arrest rate of about
18 percent in “intimate partner” incidents, a ProPublica analysis in early 2017 found. The average
for the rest of the country hovers at about 2 percent. EDITOR'S NOTE: RI's dual arrest rate runs between 2 and 5 percent under state law described as follows by the American Bar Association:
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| Rhode Island law gives the police discretion to arrest only the "primary aggressor." |
The new law will require law enforcement to determine which
party is the dominant aggressor — that is, who initiated the abuse — in
domestic violence situations.
“To know that this has been a 30-year-old problem that truly
needed to be addressed, and to see this outcome is truly gratifying,” said
Karen Jarmoc, president of the Connecticut Coalition Against Domestic Violence.
She expects to see impact from the new legislation immediately.
Gov. Daniel P. Malloy’s office did not respond to a request for
comment, but legislators say he is expected to sign the bill. The bill passed
both houses of the Connecticut Legislature last week. Only one representative
voted no. (The bill cruised unanimously through the Senate.)
Advocates and others, including some in law enforcement, had
long sought to end the risk to victims of violence. Victims arrested along with
their abusers often faced humiliation, the cost of hiring a lawyer, and even a
lasting criminal record.
“If victims get arrested, they can lose their house and lose
their children,” said Rep. William Tong, a Democrat, who pushed for the bill
through the House. “The effects go far beyond the instance of abuse or
battery.”
This isn’t the first time advocates and lawmakers have pushed
for what is known as a dominant aggressor law. Back in 2004, a similar bill
went before the Legislature but died after heavy opposition from the
Connecticut Police Chiefs Association.
If the bill becomes law, Connecticut will be one of many states
that have similar statutes. New York and New Jersey both have one.
Massachusetts has what is called a preferred arrest law: Officers are urged to
make an arrest in domestic violence cases and required to do a write-up in dual
arrest cases.
Sarah
Smith was a reporting fellow at ProPublica.
