Abused women can't catch a break from Arizona lawmakers

Opinion: Victims of domestic violence and abuse would like a little help from their lawmakers. They're not getting it.

EJ Montini
Arizona Republic
Rally-goers hold up signs at the Moms Demand Action rally on August 18 that advocated for stricter gun laws.

If you happen to be a dirtbag who sexually assaults his own wife or partner and then wants to keep his parental rights, this has been a good legislative session for you at the Arizona State Capitol.

Likewise, if you’re the kind of lowlife who roughs up his significant other to the point where you wind up with a domestic violence charge or an order of protection – but you want to make sure and keep your firearms – you might want to thank Arizona lawmakers for doing you a solid.

If, however, you happen to be the victim of domestic violence, or the children of a victim of that type of violence, or one of their friends, or just a decent human being who cares about innocents in danger, it hasn’t been a particularly good session.

Should an abuser have a firearm?

Not long ago, Sen. Victoria Steele, a Democrat, withdrew her proposal, Senate Bill 1355, which would allow a victim whose child was conceived by rape to sever the parental rights of the rapist by way of civil court. Steele said she withdrew her bill because Judiciary Committee Chairman Eddie Farnsworth, a Republican, wanted her to add an amendment exempting victims raped by their spouses. He says that wasn’t the issue.

The bill stalled.

I received a long email from a woman who was hoping SB 1355 had passed.

She wrote in part, “I do ‘co-parent’ with my rapist. He sued for custody and got it in late 2012. No conviction but also no laws in the State of AZ either at that time … It is NOT about ‘our’ child with him – it is about power, control, manipulation, stalking and I live in fear. I also live in isolation which I feel is a prison at times.”

Late last week, the Arizona chapter of Moms Demand Action for Gun Sense in America released a  statement after the Republican-controlled Arizona House and Senate Judiciary Committees failed to take up legislation meant to disarm domestic abusers.

The group was referring to House Bill 2543 and Senate Bill 1165.

The bills were meant to remove weapons from those accused of domestic violence or who are the subject of orders of protection.

Clear and convincing evidence

Along with its statement on the bills, the Arizona chapter released comments from volunteer Tracey Theisen that read in part, “I’m alive today because I escaped from my abuser. But sadly, I’m not alone in knowing what it’s like to be threatened with a gun. Arizona Republicans must act to ensure that (the) session doesn’t come to an end without taking meaningful action to disarm domestic abusers and reduce gun violence in our state.”

Gov. Doug Ducey seemed initially to support so called “red flag” laws like these, then seemed to reverse himself, then, through a spokesman, reinforced his support for STOP orders, Severe Threat Order of Protection. Ducey believes they include more due process in that they would require “clear and convincing evidence.”

The Legislature hasn’t passed that yet, either.

For now, the only clear and convincing evidence is that abused spouses and partners aren’t getting any help from lawmakers. Which, in its own way, is a form of abuse.

Reach Montini at ed.montini@arizonarepublic.com.