Proposed changes to a Georgia law would help victims of domestic violence
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Updated: 7:41 PM Feb 11, 2012
Proposed changes to a Georgia law would help victims of domestic violence
An amendment to a law regarding spousal privilege is making its way through the Capitol. It could soon change the way Georgia courts handle domestic abuse cases for married couples.
Posted: 7:01 PM Feb 11, 2012
Reporter: Laura Warren
Email Address: laura.warren@wrdw.com
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A push to change Georgia's Spousal Privilege Law (WRDW-TV, February 12, 2012)
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News 12 at 6 o'clock/ February 11, 2012

AUGUSTA, Ga.--This year, nearly 3,000 men and women, just in Richmond County, will be in an abusive relationship.

For most victims, it's a difficult subject to talk about, and for some, legally, they can't speak out.

An amendment to a law regarding spousal privilege is making its way through the state capitol, and it could soon change the way Georgia courts handle domestic abuse cases for married couples.

The way the law is currently written, if you are married to
someone who abuses you, the only way you can testify against
your spouse is with their permission. But, this could all be changing soon.

Lespaul Morgan is a survivor of domestic violence. His father abused his mother, as well as him, for years.

He tells us, "My mother, he would slap her, he would scream at her, he wouldn't even allow her to touch the checkbook. She never, even to the day he died, never saw his checkbook."

And stories of abusive marriages aren't uncommon.

Aimee Hall is the Executive Director of Safe Homes in Augusta. Safe Homes is a shelter for victims of domestic violence, and Hall says, domestic abuse is far too common in Georiga.

"Last year, we took over 2,100 crisis calls, and we serviced over 1,000 women, men, and children," and she says, "It's something that people want to stay silent about."

Morgan says, "In my case, I was in the relationship because it was my father, and I was afraid for my mother."

But Morgan hopes speaking out about his family's story will help others find courage to do the same.

"In order to break the cycle, I think we really need to educate our community, but we also need those to come forward so they can begin the healing process," Hall says.

But, one current Georgia law makes coming forward very difficult for those who are still married.

Morgan says his mother tried to leave his father several times.

But, a law referred to as the 'spousal privilege' law, prevents a court from forcing spouses to testify against one another.

Hall explains the law by saying, "A spouse does not have to speak out against their abuser. Or, if that spouse comes up and says do not speak out, then she cannot speak out or he cannot speakout."

Which means, if you are married and your spouse refuses to let you testify against them, your hands are tied.

"They're trying to eliminate that so that if a woman [or man] is a victim of domestic violence, then she can actually speak out against her husband [or wife]," Hall tells News 12.

So advocates are trying to amend the law to read, "if the husband or wife is charged with a crime against his or her spouse...the privilege shall not apply."

The amendments have been passed by the House of Representatives. Those changes passed almost unanimously.

Now it heads to the Senate. If the amendments are passed, the new law will go into effect the first of 2013.

House Bill 711:
http://www.legis.ga.gov/legislation/en-US/Display/20112012/HB/711


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