Oct. 12, 2011
Topeka, Kan., repealed its domestic violence law Tuesday night as part of a government budget fight that pits the city against the county.

Despite widespread criticism by women's advocacy groups, the city council voted to remove the law on domestic violence misdemeanors from its books, de-criminalizing it within city limits.

"We opted out of the state statue last night which says municipalities should prosecute these crimes," said Mayor Bunten. "That was done so that it couldn't be thrown into our laps."

The budget fight began when the Shawnee County Commission, made up of three elected officials, cut all county department's budgets by 10 percent this year, a result of tough economic times, according to Mary M. Thomas, who was appointed to the panel just two weeks ago.

"Everyone is facing this problem across the country, and [all county departments] were first informed in early summer that, because of the loss of income due to the devaluation of real estate, everyone would have to share equally in the pain," she said.

"What he did was he chose a population of folks that rarely has a voice, often in an economic situation that they cannot take matters into their own hands through civil process, to get the headlines he needed to make the commission give in. Unfortunately it's been a matter of giving in or calling someone's bluff," Thomas said.

While the city council and the county commissioners figure out who will prosecute the crimes, those charged with domestic violence since September--18 people, according to Topeka police--have been released without trial or sentencing. One individual has since been arrested again for domestic violence against his wife, according to Bunten.

For domestic violence victims and advocates, the government's failure to prosecute crimes while fighting over budget issues is a dangerous precedent.

The Kansas Coalition Against Sexual and Domestic Violence and the National Network to End Domestic Violence have been an outspoken critic of the fight, calling on the government to prioritize domestic violence.

"It is unconscionable to attempt to balance budgets on the backs of victims of domestic violence, putting them in greater danger of serious injury or death," said Sue Else, president of the NNEDV. "Holding perpetrators of domestic violence accountable is a cornerstone of public health and safety. We urge the local government to fully fund the prosecution of all domestic violence cases today. We cannot afford to wait."