Behind Closed Doors
As West Virginians, we are proud that we enjoy the second lowest crime
rate in the nation. We assume we are safe and that crime will not touch us. That
assumption is wrong and dangerous.
Domestic violence happens every day to West Virginians of all races, all education and
income levels, all sexual orientations, children, people with disabilities, and the
elderly. West Virginians cannot brag that our state is "safe" when we look at
domestic violence statistics. One of the most dangerous places to be in West Virginia is
in the home.
The numbers are chilling and discouraging. Almost half of all murders in West Virginia in
1999 involved domestic violence. According to the West Virginia State Police, in 1999
there were 11,534 nonfatal domestic violence assaults, an increase from 10,397 in 1998.
State Police records show that in 1999, 31 murders resulted from domestic violence.
Domestic violence murders represented an abnormally high 44 percent of all murders in
1999. From 1989 to 1999, the percentage of murders that resulted from domestic violence
averaged about 30 percent.
Why are these domestic violence statistics so discouraging? Over the past 10 years, our
judicial system has worked really hard to address the problem of family violence. The
Legislature has passed tougher laws. Police departments have emphasized enforcement.
Domestic violence advocates have done a remarkable job in increasing awareness and
providing services. In fiscal year 1989-1999, more than 25,000 men, women, and children in
all 55 counties received direct services through West Virginia's 13 licensed domestic
violence programs. In spite of all that, the number continues to grow.
I wish I had the answer to the problem of domestic violence in West Virginia. Short of
following the extreme approach of the Dixie Chicks who thought "Earl Had to Die"
in their popular song "Goodbye Earl," what can we do? For one thing, we must
continue to examine where we are failing and push for laws to address our failures. For
example, our court system is working on a report to the Legislature to address the fact
that we will need more family law masters after April 1, 2001 when law masters assume
responsibility from magistrates for hearing final domestic violence petitions in which a
protective order is sought. All of us must support existing domestic violence programs in
our communities, and help these programs in their efforts to provide new services.
We also must insist that everyone in all branches of government treat this misconduct as a
crime. No official can ever look the other way. This is serious criminal behavior and
fighting it is serious business. This is not a pillow fight.
As a Williamson native, I am proud of the success that the Tug Valley Recovery Shelter has
had in providing services to perpetrators, victims, and their families. Since the passage
of the Violence Against Women Act and the flow of money to shelters, Tug Valley has been
able to place a full-time domestic violence advocate in Mingo County Magistrate Court. Tug
Valley hopes to establish a program by December 1 in Mingo County in which volunteer
lawyers will represent domestic violence victims at their final hearings. Since 1998, Tug
Valley also has offered a reeducation program for abusers. Of the more than 100 abusers
who have participated, less than five percent have been repeat offenders. Another
breakthrough in recent months is the influx of federal funds that has enabled Tug Valley
to assist victims moving out of abusive homes into safe new homes by providing money for
security and utility deposits and furniture.
If we think about the problem of domestic violence by looking at West Virginia's most
recent statistics, the results are really discouraging. Sure, there is more that
government can and should do to address the problem. But if we look at the problem of
domestic violence on a personal level, we should be encouraged by individual success
stories and recognize that there is much we can and should do as lawyers and private
citizens.
Chances are good that someone you care about has been a victim of domestic violence. Think
about how domestic violence affects all aspects of our society through lost revenues from
high absenteeism; millions of dollars in unpaid medical bills for injuries that are
entirely preventable; the perpetuation of poverty; and creation of a whole generation of
children who are more likely to become abusers because they grew up experiencing abuse.
The sad reality is that even in West Virginia, many people are not safe in their own
homes.