Domestic violence law needs reform

There’s no disputing that children exposed to domestic violence suffer lasting negative effects, often with ramifications reaching well beyond their families to the much broader society.

In an effort to shield kids from such trauma and break cycles of family violence, Hawaii enacted a law in 2014 that makes physical abuse a family or household member in the presence of another family or household member under age 14 a Class C felony, punishable by up to five years in prison.

The impulse for a tougher penalty is laudable. But while House Bill 1993, signed into law as Act 117, looked good on paper, in practice it’s proving to create more problems than it solves. State lawmakers should rescind it and retool efforts aimed at thwarting domestic violence in the islands.

Previously, such a case of domestic abuse was a misdemeanor, punishable by up to one year in jail. Although tailored to deter abuse, it appears that the reclassification simply moved the matter from Family Court to Circuit Court. A resulting spike in felony cases has caused Circuit Court congestion. And that, in turn, is leading to a less-than-impressive conviction record, defeating the intent of the tougher law.

According to a report released last week by Honolulu’s city auditor, the tally of cases handled by Honolulu Police Department’s Criminal Investigations Division jumped to an estimated 1,538 from 215 — a whopping 615 percent increase — over a three-year period ending last year. On the prosecutors’ side, the caseload assigned to each domestic violence attorney nearly doubled, increasing to 94 from 54.

Less than 14 percent of reclassified cases were accepted and charged as felonies. And many of those could not be prosecuted because victims and children were unwilling to testify. Also, overall, more than half of the new felony cases (53 percent) were reclassified or downgraded to misdemeanor cases by prosecutors.

Pointing out that the new law is creating a huge workload and little to show for it, the city’s audit rightly recommends that Honolulu Hale and others lobby the Legislature to amend it by reducing the felony to a misdemeanor. Also, it advises turning to state lawmakers and the state Judiciary for more judicial resources dedicated to domestic violence cases.

Nearly two dozen other states have statutes addressing the issue of children who witness domestic violence, with most imposing additional penalties in connection with abuse in the presence of a child. More state funding focused on Hawaii’s courtroom proceedings could alleviate some of the current snags.

In addition, the audit dings HPD and the city’s Prosecutor’s Office for having a “plethora of data and information systems” to track cases, but lacking common definitions and procedures needed to streamline their flow. In response, HPD must continue to step up the sharing of information with its new Crime Reporting System.

Misdemeanor cases in Hawaii have a history of falling through the cracks when defendants opt for a jury trial as a means to delay time-sensitive prosecution. The state’s speedy trial rule allows a defendant to request dismissal if the trial fails to start within six months of arrest.

In testimony supporting HB 1993, Kauai’s prosecutor pushed for the higher-stakes felony offense, in part, because under it the probation period for convicted abusers is five years. The misdemeanor limit is two years. The longer and more intensive supervision could help offenders follow through with needed counseling and treatment, thereby reducing the chances of children being subjected to further exposure to abuse. Unfortunately, because this strategy hinges on difficult-to-secure convictions, it’s falling short of success.

Shortly before last week’s tragic case tied to domestic violence that left a boy and man dead in Pauoa, an advocacy group issued a statement lamenting that children had been present at the scenes of two stabbings in May. While heartbreaking incidents continue, more families are reaching out for help amid growing public awareness efforts. For the safety and emotional health of our community’s children, Hawaii’s system for addressing domestic violence must be continually assessed and revised to pinpoint viable solutions.