The lasting negative effects on children exposed to domestic violence are well documented, and the harm they suffer extends beyond their families to the much broader society.
As proponents of stricter laws against abusers correctly point out, neuroscience research suggests that the stress of such exposure contributes to changes in the very structure of a child’s brain, impairing intellectual and emotional development.
Kids who see their fathers beating up their mothers, for example, are more likely to do poorly in school and score lower on assessments of verbal, motor and cognitive skills. Boys exposed to domestic violence are more likely to grow up to become abusers themselves, and girls are more likely to grow up to be victims.
It was with this knowledge, and with the intent to protect children and break the cycle of violence in hopes of improving our community as a whole, that Hawaii lawmakers laudably passed a bill last legislative session that addresses this issue with the seriousness it deserves. House Bill 1993, signed into law as Act 117, makes it a Class C felony, punishable by up to five years in prison, to physically abuse a family or household member in the presence of another family or household member under the age of 14.
Defense lawyers objected to the measure while it was under consideration, and don’t like it any better since the statute took effect in late June. Some criticize it as vague and too severe, with the potential to especially penalize immigrants who are new to the United States and may not understand that domestic violence is considered a serious crime in Hawaii and an affront to our community standards.
To the latter concern, we say that the solution is better education, perhaps even a broad public-awareness campaign, so that everyone understands that physical attacks on family members, especially with children present, will be dealt with strenuously by the criminal justice system. Social-service and legal agencies that focus on immigration issues could be a particular source of information. Ultimately, if some violent offenders are deported, so be it. We cannot tolerate this conduct, from long-time residents or new arrivals.
As for the vagueness criticism, county prosecutors are already working with police to establish guidelines addressing any concerns to ensure proper enforcement. County prosecutors on Oahu, Kauai and the island of Hawaii submitted some of the most persuasive testimony supporting the bill’s passage, noting that harsher penalties were needed both to punish and deter domestic violence. Kauai’s prosecutor, for one, said that children who witness domestic violence suffer emotional and developmental difficulties similar to those who are victims of direct abuse.
It’s worth noting, too, that some advocates for women and children say that Hawaii’s overall domestic-abuse laws remain weak, when the crime is committed outside the child’s presence. The first offense brings two days in jail, and a second offense committed within a one-year period is a petty misdemeanor punishable by 30 days in jail. It’s not until the third offense within two years that the crime rises to a Class C felony.
The new law carries a more appropriate penalty and creates a stronger deterrent, because often an abuser does commit the crime without worrying who is watching — least of all the kids.
It’s also important to consider this law as a linchpin of the current overhaul of Hawaii’s juvenile justice system, which rightly aims to incarcerate fewer youthful offenders. Disrupting a generational cycle of violence is critical to the success of this overhaul, as is recognizing the lifetime harm inflicted upon children who grow up seeing and hearing their parents batter, and be battered.
