Topeka, Kan., Repeals its Domestic Violence Law

The city of Topeka, Kansas and the Shawnee County government are fighting over which jurisdiction must take responsibility for, and bear the costs of, enforcing domestic violence laws.  The Shawnee County district attorney started the dispute when he said that his office could no longer afford to prosecute misdemeanors – including domestic violence cases – due to budget cuts.  The Topeka City Council responded by repealing its domestic violence laws, in an effort to force the county to prosecute offenders under the analogous state law.

Many have criticized the municipal and county governments for abdicating their responsibility to protect victims of domestic violence and bring perpetrators to justice.

The head of the National District Attorneys Association said that prosecutors facing budget cuts have to prioritize cases, but he warned that announcing such decisions “sends a message of failure and tells the community you’re free to commit that crime.”  Before the City Council repealed the misdemeanor domestic violence law, victims issued a similar warning and said the local courts do not provide enough support to victims.

The City Council claimed that the District Attorney’s decision to stop prosecuting misdemeanors was a political one, given that the budget cuts he faces are not yet in effect. The District Attorney reluctantly agreed to continue prosecuting domestic violence cases. He continued to blame county leaders for failing to adequately fund prosecutors, suggesting they were impeding his office’s mission to ensure public safety.

Given the dire budget situations faced by local governments around the country, such battles can be expected.  But Topeka’s action raises the question – why domestic violence?  Out of all the misdemeanors in its municipal code, why did the Topeka City Council renounce its responsibility to prosecute domestic violence cases?  Perhaps the city noticed that such crimes account for half of the county’s misdemeanor cases and have increased in recent years.

The reality is that cases involving sexual assault and domestic violence are often difficult to prove. These cases are often “he said-she said” situations that require a weighing of both the victim and defendant’s credibility.  This was made clear in the botched prosecution of Dominique Strauss-Kahn, who walked free not because the prosecutor thought he was innocent, but because the prosecutor argued he couldn’t prove his case.  The dispute between Topeka and Shawnee County shines a light on the ugly truth about local leaders’ priorities in fighting crime.