North Carolina, Raleigh – Victims of domestic violence will be allowed to testify in criminal trials remotely so they don't have to meet their abusers in a courtroom, under a bill that passed the North Carolina Senate unanimously.
With partisan support, the proposal SB 51 “Kayla's Act: Protecting Dom. Violence Victims”, Its main sponsor is the Republican senator Danny Britt.
The measure is similar to the proposal HB 39 presented in the House of Representatives and is currently in the Judiciary Committee 2. Now, the proposal goes to the House of Representatives to begin its legislative process before reaching Governor Roy Cooper's desk.
What else does 'Kayla's Act' have?
Kayla's Act extends the statute of limitations for misdemeanor domestic violence cases from two to 10 years.
Prosecutors hope that will allow them to review older cases in which a victim's unwillingness to testify in a courtroom prevented charges from moving forward.
The proposal further requires that all trials and district court proceedings conducted pursuant to the Chapter 50B (domestic violence protection orders) are recorded on video.
October is National Domestic Violence Awareness Month
Brutal homicide
Senator Britt explained that the proposal arose from the brutal murder of Kayla Hammonds when she was leaving the supermarket in the town of Lumberton with her two young children, and was murdered in the parking lot by her ex-boyfriend.
“Hammonds dealt with domestic violence for a long time. She had taken out domestic violence protection orders,” he said. “She had also obtained criminal warrants, but she was often afraid to go to court,” he noted.
Domestic Violence in North Carolina
These are the laws that protect victims
Remote testimony
Britt mentioned that the proposal would help victims lose their fear.
"If someone is threatened and that prevents them from testifying, then they lose their right not to be confronted," he said. "There's evidence that the victim doesn't come to court because they've been threatened. So that person loses that constitutional right," he said.
Regarding remote testimony, Britt commented that there was an analysis of how cases involving child abuse victims and child sexual victims are handled.
"We adapted the law to allow remote testimony even in cases where we have child victims," he said.
Likewise, the senator recognized that having victims of domestic violence, who deal with abusers, is a different situation.
“You’re often threatened, and even just a glance in the courtroom or hallway, or having to meet that person in a stairwell, or while waiting in the hallway before your court case, is simply enough to cause so much fear that you won’t testify,” he noted.
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