DA Pushes For New Law To Protect Spousal Assault Victims

[sandinista! 1,816]

it's great this is being attempted to be remedied, but how was it ever allowed in the first place?

SAN DIEGO -- San Diego County District Attorney Bonnie Dumanis is pushing for changes after a 10News I-Team investigation revealed a loophole in California law that can force assault victims to pay their attacker.

Carlsbad resident Crystal Harris was a victim and said she was raped.

However, the next time she's victimized, she said it won’t be physical; it will be financial, and it will happen when the man who sexually assaulted her -- her ex-husband -- gets out of prison.

"He wanted to have sex and I said no," Crystal Harris said as she described her assault. "He kept saying this is not up for negotiation. When I finally realized that I had no choice, I mean, he was pushing my head down; I finally talked him into letting me go to the bathroom. I realize I've got that tape recorder not far from where we are right now."

The entire assault was caught on tape and what it captured was enough to convict Shawn Harris of a felony -- forced oral copulation.

However, it wasn't enough to keep him out of his now ex-wife's pockets, as Crystal Harris has to pay him spousal support.

Crystal Harris was the breadwinner, earning a six-figure salary, while Shawn Harris was unemployed.

Vista Judge Gregory Pollock oversaw the Harris' divorce and was perfectly within California law when he ordered Crystal to pay Shawn $1,000 a month once he was released from prison.

"I can't look at a 12-year marriage where one side is making $400 a month, the other side is making over $11,000 and say no spousal support," Pollock said in court. "That would be an abuse of discretion."

"It makes me feel victimized all over again that I should have to pay a dime to this man who has turned my life upside down," Crystal Harris said.

According to California law, there's only one way Crystal Harris could have avoided paying her ex-husband: if he had tried to kill her.

"I just can't imagine that I would be the only woman that this might ever happen to," Crystal Harris said. "It's morally reprehensible. No rape victim should have to pay her rapist."

She wants rape and any violent felony to automatically exclude a spouse from getting a dime during a divorce.

San Diego County District Attorney Bonnie Dumanis said she is petitioning lawmakers to change the law, and she cited Crystal Harris' story as the reason.

"I wanted to change the law immediately so we can make sure this doesn't happen again in the future," Dumanis told 10News.

Under the district attorney's proposed new law, if someone is convicted of committing any violent felony against their spouse, a judge would not be allowed to order the victim to pay spousal support.

"It's the right thing to do," said Dumanis. "We in the district attorney's office are a voice for the voiceless."

http://www.10news.com/news/29656942/detail.html

[Bad_Daddy 2,209]

http://womenandpolicing.com/violenceFS.asp

The San Diego City Attorney typically prosecutes 92% of the domestic violence cases that are referred, but only 42% of the cases involving a police officer as the perpetrator are prosecuted.

[Scott & Annie 19]

The entire assault was caught on tape and what it captured was enough to convict Shawn Harris of a felony -- forced oral copulation.

However, it wasn't enough to keep him out of his now ex-wife's pockets, as Crystal Harris has to pay him spousal support.

Crystal Harris was the breadwinner, earning a six-figure salary, while Shawn Harris was unemployed.

Vista Judge Gregory Pollock oversaw the Harris' divorce and was perfectly within California law when he ordered Crystal to pay Shawn $1,000 a month once he was released from prison.

"I can't look at a 12-year marriage where one side is making $400 a month, the other side is making over $11,000 and say no spousal support," Pollock said in court. "That would be an abuse of discretion."

I don't know much about Law, esp. Cali law, which for some reason is really out there. I do know when that officer has that Glock pointed at your face and says "hands up" you should really put your hands up!

But how bout this: Have her sue him for Mental anguish, equal to the total SS she will pay over the years, and he can pay her $1,000.00 a month. You get the idea? There is not a judge nor jury in the world that would not award her that lawsuit.

Then she pays him 1K a month, spousal support, and he pays her 1K a month to settle the lawsuit. The good thing about this is she gets to deduct the SS from her income for tax purposes, and he has to claim it on his taxes.

You see, the IRS is good for some things....well maybe that's a stretch!

Edited November 3, 2011 by Scott & Annie