Middlesex DA Ryan Testifies at State House Hearing

BOSTON—Middlesex District Attorney Marian Ryan joined Representatives Corey Atkins and Carolyn Dykema at a State House hearing held by the Judiciary Committee on Tuesday to testify in support of several bills that would strengthen current legislation and increase accountability for repeat domestic violence offenders.

District Attorney Ryan spoke to the critical importance of passing four pieces of legislation to address domestic violence.  An Act Relative to Strangulation sponsored by Senator Katherine Clark (SB 647) and Representative Corey Atkins (HB 1176) would create a felony offense where a defendant strangles or suffocates a victim. 

“Domestic violence is about power and control and there is nothing more controlling than when a defendant has the victim’s life in their hands,” District Attorney Ryan said.  “With our present criminal statutes, often strangulation cases must be prosecuted as misdemeanor assault and batteries.  This legislation will reflect the serious nature of the conduct with more appropriate penalties.”

An Act Relative to Domestic Violence by Repeat Offenders sponsored by Senator Karen Spilka (SB 794) and Representative Carolyn Dykema (HB 3242) would provide a sentencing enhancement option when the victim in the pending case is a household or family member and the defendant has prior convictions for enumerated crimes, including violent offenses and firearms charges.  “This legislation will set forth increased penalties that will ensure that there is accountability for repeat offenders and more sentencing options for judges,” said District Attorney Ryan.

An Act Providing Protection from Subsequent Violations of Restraining Orders sponsored by Senator Clark (SB 649) and Representative Dykema (HB 1302) would create a subsequent offense to increase the possible criminal penalties for repeat offenders.  “Currently, a defendant, as was the case in Middlesex, can violate restraining orders issued against them by a court 17 times and still face the same misdemeanor charge,” said District Attorney Ryan.  “This sends a message to victims that must be addressed.  It has to be demoralizing to a victim who must think they have little chance of holding the defendant accountable when a court order can be violated with so little consequence.”

An Act Relative to Punishment for the Crime of Domestic Violence sponsored by Senator Cynthia Creem (SB 669) and Representative Atkins (HB 1177) would amend the Accord and Satisfaction statute (G.L. c. 276, §55) to exclude domestic violence offenses from the type of offenses that can be dismissed upon the victim’s acknowledgment of satisfaction for injuries resulting from alleged criminal conduct.  “Some cases, that do not involve domestic violence, may be appropriate for disposition by means of an accord and satisfaction,” District Attorney Ryan said.  “But since domestic violence often occurs in the context of power and control being exerted over a victim, there is far too much room for further intimidation and abuse to occur in allowing these types of cases to be resolved by means of an agreement that a victim may be forced into making.”

The legislation is currently pending. The full text of these bills may be found at http://malegislature.gov/Bills.