Topeka Kansas Makes Domestic Violence Legal

Contributor: Diabolical Kitty Diabolical Kitty
link

Who else thinks this is pretty fucked up?
10/13/2011
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Contributor: SilverIsis SilverIsis
That is just absolutely insane. Their logic makes my head hurt.
10/13/2011
Contributor: Diabolical Kitty Diabolical Kitty
No crap. They are going to end up with people dead before they fix it I bet you.
10/13/2011
Contributor: SilverIsis SilverIsis
my thoughts exactly.
10/13/2011
Contributor: Chilipepper Chilipepper
Recall that this is also the area that resulted in the birth of the Flying Spaghetti Monster to show how backward they are, anyway.

(And people wonder why I always specify I grew up on the Missouri side of Kansas City.)

Oh, and there is a larger domestic violence problem in that region than any other place in the US. Yes, someone is going to end up dead.
10/13/2011
Contributor: The-IT-Guy-And-My-Secretary The-IT-Guy-And-My-Secretary
Quote:
Originally posted by Diabolical Kitty
link

Who else thinks this is pretty fucked up?
See whats unfortunate about this is that its going to take a body count to change peoples minds.
10/13/2011
Contributor: Taylor Taylor
Yeah it's absolutely terrible. I don't live too far from Topeka and I heard about this a few days ago. I don't understand the logic behind it. If you hit someone on the street you would be charged with assault. Why is it not also considered assault if it is your spouse? Isn't it the same crime?

I hope fewer domestic violence prosecutions doesn't result in more murder prosecutions
10/13/2011
Contributor: Chilipepper Chilipepper
Quote:
Originally posted by Taylor
Yeah it's absolutely terrible. I don't live too far from Topeka and I heard about this a few days ago. I don't understand the logic behind it. If you hit someone on the street you would be charged with assault. Why is it not also ... more
It still counts as assault, but now the cheapasses don't have to pay for counseling or rehabilitation on the so-called grounds that 'the victim will take them back anyway no matter what happens to them'. There is actually an entire legal industry devoted to family/domestic abuse crime ... and they'll be out of business now.

Another attempt at killing off the poor, I guess (like the animals who cheered for the repeal of health care for the terminally-ill poor at the Repub debates).
10/13/2011
Contributor: sexyintexas sexyintexas
That makes me sick to my stomach. I was born there and it just makes me ashamed.
10/13/2011
Contributor: chicken12 chicken12
It's against the law to beat a stranger (battery/assault), but it's not okay to attack one's spouse? They would sooner imprison a a drug-user than a spouse-abuser?

This is really just awful.
10/13/2011
Contributor: Taylor Taylor
Quote:
Originally posted by Chilipepper
It still counts as assault, but now the cheapasses don't have to pay for counseling or rehabilitation on the so-called grounds that 'the victim will take them back anyway no matter what happens to them'. There is actually an entire legal ... more
Thanks for the info Chilipepper. I am fortunate enough to not have had any experience with this, so I don't know what all goes into it.

I hate that this has happened. I would GLADLY pay more in taxes if I knew it would be used to help keep victims safe.
10/13/2011
Contributor: Yaoi Pervette (deleted) Yaoi Pervette (deleted)
Ridiculous. If they have limited resources to prosecute people, they should have at least decided not to pursue prosecution on a non-violent, petty crime, such as theft or possession of drugs. What's even more outrageous is that they decided since they aren't going to prosecute domestic violence, they might as well make it legal.
10/13/2011
Contributor: TumorCrunch TumorCrunch
Quote:
Originally posted by Diabolical Kitty
link

Who else thinks this is pretty fucked up?
this makes me want to find the people that thought this one up, and show thm a little domestic violence of my own.
10/13/2011
Contributor: Darling Jen Darling Jen
Totally and completely effed up. I say it's just ONE more reason for no sane person to live in the state of Kansas. (Sorry, people in Kansas... But if you're on this site and in Kansas, there are better places for you.)
10/13/2011
Contributor: Ghost Ghost
...sigh...
10/14/2011
Contributor: oldhippy oldhippy
Its too bad there is no information on what other crimes the police won't be following up on. Since they don't want to prosecute domestic violence that doesn't involve weapons, you have to wonder if the same is true for straight assault that doesn't involve weapons?
I am more worried that this type of thinking will spread to more and more towns as there becomes less and less money for the town's tax base to work with. Things have been getting worse, and now we are starting to see some of the results of them.
10/14/2011
Contributor: Paladin Fantasys Paladin Fantasys
In many state courts domestic abuse and dui are "predicate" offenses, meaning first time its a misdemeanor, second time a felony. If you are charged in a city court, you essentially get an extra misdemeanor, because their convictions often can't be used by the state to turn your second offense into a felony. Cities will always refer an offender's second city offense to the state, where the offender would get his second domestic abuse misdemeanor, but only his first state misdemeanor.

So, if you don't like offenders being able to dish out two beatings instead of one before they get charged with a felony, you should see it as a good thing that the city repealed its law. The state/county sheriff still has jurisdiction everywhere in the county, including inside the city, so now each offender goes straight to state court, do not pass city court, do not get the benefit of beating someone twice before becoming a felon.
10/14/2011
Contributor: Errant Venture Errant Venture
Perhaps, but it's still pretty fucked up.
10/14/2011
Contributor: wetone123 wetone123
Insanity reigns in this country! This is so horrible it makes me ill.
10/14/2011
Contributor: Chilipepper Chilipepper
Quote:
Originally posted by Paladin Fantasys
In many state courts domestic abuse and dui are "predicate" offenses, meaning first time its a misdemeanor, second time a felony. If you are charged in a city court, you essentially get an extra misdemeanor, because their convictions often ... more
I can definitely see the logic in that when it's clearly explained that way. I already knew there was a whole section of legal businesses devoted to that subject, but did not know what the actual procedures are (I only just started my courses in legal office administration).

Thank you for the clarification of the background information, PF.
10/14/2011
Contributor: Yaoi Pervette (deleted) Yaoi Pervette (deleted)
Quote:
Originally posted by Paladin Fantasys
In many state courts domestic abuse and dui are "predicate" offenses, meaning first time its a misdemeanor, second time a felony. If you are charged in a city court, you essentially get an extra misdemeanor, because their convictions often ... more
That makes sense, but it doesn't appear that the situation is being handled that way in Topeka. They released 18 people from the jail without charging them. They could have handed these offenders off to the county or state for charges, but they didn't.
10/14/2011
Contributor: Paladin Fantasys Paladin Fantasys
Quote:
Originally posted by Yaoi Pervette (deleted)
That makes sense, but it doesn't appear that the situation is being handled that way in Topeka. They released 18 people from the jail without charging them. They could have handed these offenders off to the county or state for charges, but they ... more
Well the city had to release them if they were being held for breaking a city law that doesn't exist anymore. But, they can take the police reports over to the county/state, then the District Attorney can file county/state charges, get a judge to re-issue warrants, re-arrest them and prosecute them.

The article was rather vague about the DA's involvement. It looks to me like a blatant political attempt to create an impression that angers the public, which in turn creates a platform for politicians to sling mud at each other in an attempt to appropriate more money to their constituents coffers.

Playing games with potential victims to win political positions is what pisses me off.
10/14/2011
Contributor: Errant Venture Errant Venture
After receiving a lot of national press, Topeka is trying to remedy the situation:

link
10/15/2011
Contributor: js250 js250
Not only are those women being abused by their partners, they are also being abused by the courts. It takes a lot of courage to come forward and now there is no remedy, kind of like reinforcing the abuser's "you're worthless" brainwashing, isn't it?
10/15/2011
Contributor: bluekaren bluekaren
Being a survivor myself, I am gonna throw my $.02 in!
I think there are alot of un-necessary arrests for DV. In FL, if the cops get called out for any kind of domestic dispute one has to leave in handcuffs....this is extreme. Sometimes there is only the arguing between two people and no violence, but one is in jail now. It is enough to end a relationship and cost taxpayers un-necessarily. If women (or men)want out they will still find a way. There are organizations everywhere that will help.
However, I was glad that they took my ex-husband to jail...he might have killed me that night. I think instead of laws that govern how cops should act. They should educate law enforcement on what to look for and let common sense rule!
10/15/2011
Contributor: emilia emilia
Quote:
Originally posted by Diabolical Kitty
link

Who else thinks this is pretty fucked up?
Yes I agree
10/15/2011
Contributor: (Re)tired Stripper (Re)tired Stripper
I know it's a month old but I want to breathe life to this thread in case EVERYONE isn't aware of how serious this is. It's heartbreaking . I was abused as a teen and JUST got out of the most terrifying, abusive, awful "relationship" of my life and I'm now dealing with the legal system. THANK GOD I'm in Iowa. Luckily, a lot of times they slap a DV offender with an additional charge, such as "assault causing bodily injury," which apparently is a felony here while domestic violence is only a misdemeanor. Of course .

There are SO MANY OTHER crimes, PETTY crimes to decriminalize (as has been pointed out upthread). If people knew how many women die each year due to DV or how many women end up scarred for life physically and psychologically, ending up with PTSD.... I know there is a huge movement to explain that men are victims of DV by the hands of women, too, and I feel terrible for their predicament, but honestly? I lived in a town where I witnessed a boyfriend pushing my roommate on the ground where she hit her head HARD, and the police honestly laughed and didn't do a thing, had the nerve to ask her what she did to provoke him! If SHE hit him or scratched him etc! He was clearly larger than her, super calm and peaceful and collected while she was shaking and crying on the floor.

I'm actually quite the men's rights activist but find me a dozen men who have PTSD, shake when there's a knock at the door, have someone a foot taller than them and way stronger than them who beat them up, someone who pinned them down and raped them repeatedly. I admit I'm uneducated re: domestic violence in the gay population, but I have seen the women who have committed DV and they usually slap a guy across the face or push him down--bad, yes, traumatizing and fear-for-your-life? No.

Ugh. This stuff fires me up. I wonder how Topeka's doing with this.
12/10/2011
Contributor: shinypinkstars shinypinkstars
Quote:
Originally posted by Diabolical Kitty
link

Who else thinks this is pretty fucked up?
Wait..wtf!?
12/10/2011