New domestic violence law keeps names of arrestees secretDate: 9/3/2014 GREATER SPRINGFIELD – Nestled deep in one of the 43 stipulations in the recent domestic violence legislation supported unanimously by the state House of Representatives passed into law by Gov. Deval Patrick on Aug. 8 is one that has raised a great deal of controversy and debate among those who advocate for victims.
According to Section 7 of Senate Bill 1897, which was inspired largely due to the high-profile slaying of Jennifer Martel by Jared Remy, son of former Major League Baseball player and New England Sports Network Red Sox color commentator Jerry Remy, local law enforcement agencies are no longer allowed to print the names of those arrested in domestic violence cases in their public logs.
The names would be recorded in a separate log that is not available to the public, but only to victims and others directly related to the case. Arraignments and other aspects of the case conducted in open court would still be public record.
Arguments for and against the legislation have varied, with supporters largely believing that the change in the law could make victims more apt to report crimes against them and detractors seeing the section as protecting abusers.
Karen Boyle Cavanaugh, executive director of Womanshelter/Compañeras, a Holyoke-based organization that focuses on domestic violence prevention and safety for domestic violence, said she doesn’t see the provision as an issue and supports the law as a whole.
“What people have to remember is this is one piece of a much larger piece of legislation,” she said. “This legislation is intended to keep victims safer and its benefits far overshadow this one small part.”
Cavanaugh pointed out that with arraignment in most cases taking place within 24 to 48 hours of the arrest, the actual amount of time that the name of a suspected abuser is hidden from the public is relatively short. However, during those hours, she explained, victims can be put under a great deal of pressure and the brief anonymity can help relieve some of that and give the victim the opportunity to assess his or her options.
“This is all about victims’ safety and it creates a hiatus for her or him to get safe and to not have additional pressure,” she said. “Part of what goes into a victim’s thought process is the publicity. If there is that hiatus, the victim might be more apt to report.”
District Attorney candidate Brett Vottero, sees things differently, arguing that the law plays into the idea that there is a stigma attached to victims of domestic violence if they report.
“The law fosters the idea that crimes like sexual assault are different than other violent crimes,” he said. “I have worked with victims of violent crimes for 30 years and there is no shame in being a victim. To keep things quiet as the legislation suggests goes against that notion.”
Cavanaugh rejected the notion that the law tries to shield victims from shame, which would fly in the face of recent efforts by domestic violence advocates to convince victims that there is no shame in being a victim.
“The intent of the law is not about stigma; it has more to do with the dynamics of domestic violence and the pressure that is brought to bear on victims when he or she has had to call for help,” she said.
Vottero added that making suspects’ names public is beneficial to law enforcement as it could help prevent an abuser from having more victims in the future.
“A victim can always pursue a civil remedy, but law enforcement’s interests are much broader,” he said. “Law enforcement has to consider the safety of the community at large as well.”
His opponent Anthony Gulluni, while acknowledging it benefits suspects in abuse cases, said he saw merit in the stipulation.
“The new law has received some criticism. In the process of protecting domestic violence victims, it also protects domestic violence suspects. From the time of the arrest until an arraignment takes place, a suspect's identity will not be made public in police arrest logs, which shields the defendant from public scrutiny,” he said. “The law will not indefinitely protect a suspected abuser, however. It is designed to protect the victim in those critical hours and days following the alleged abuse.”
District Attorney candidate Hal Etkin said he was pleased with many of the changes within the law, but cautioned a wait-and-see approach would be most appropriate in assessing the effectiveness of the law.
“The new domestic violence bill has a number of great improvements that are clearly there to protect victims and make them feel safe. The section dealing with keeping reported crimes in a separate, confidential police log seems to be troubling many stakeholders, including domestic violence advocates and the press,” he said. “I would like to see how it functions moving forward and, if it does not have the intended effect of making victims feel safer about reporting, then the legislature should look at this particular issue again and consider what changes could be made. Overall, however, I think the changes, by and large, will help victims and promote public safety.”
Springfield Police Department Public Information Officer Sgt. John Delaney told Reminder Publications the law change would have little effect on the department’s operations with regards to domestic violence because it is his policy not to report such crimes to the media.
“I always felt that this makes the victim more of a victim,” he said. “I never felt these types of arrests are newsworthy unless the crime of domestic violence is related to a murder.”
District Attorney candidate Shawn Allyn was not available for comment as of press time.
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