Celena Roby's abuser admitted to the judge that he had confined his wife and held her against her will, but he was nonetheless able to walk out of the courtroom a free man. Roby says the judge decided he was not guilty because she wasn't afraid enough of being harmed, even though this was a pattern of abuse, both physical assault and restraint, that had gone on for 11 years. "This is why women don't leave," Roby told the arresting officer. She said she was cut off from having friends, and felt like she was being kept in a "three-bedroom prison."
But Roby did leave, after her seven-year-old son, having seen her head smashed into the wall, thought that his mother should have just answered her abuser's question more quickly so as to escape harm. And then she decided to do something about this miscarriage of justice. That's when she came up with Celena's Law.
Celena's Law is modeled on legislation in 38 states that makes unlawful restraint a misdemeanor. In West Virginia, where Roby lives, kidnapping is a felony, but only applies to restraint intended to obtain a "concession" (ransom), which doesn't apply to domestic abuse situations. Which means that a domestic violence perpetrator, like Roby's husband, can stroll into a courtroom, admit to restraining his wife against her will, and walk out again a free man and confessed abuser. And it means that prosecutors have fewer ways to go after domestic violence perpetrators.
One in four American women experiences abuse from an intimate partner – and the number is actually higher because it's such an underreported crime. Domestic violence accounts for 30 percent of injuries to women treated in emergency settings; every year approximately 1.3 million women are assaulted or raped by a partner.
If these statistics aren't disturbing enough, domestic violence survivors are more likely to have depression and post-traumatic stress disorder. These can cause withdrawal and poor coping skills that could impact someone's ability to function in the workplace, for example. Studies also show health problems lingering long after a survivor's injuries have healed: chronic ailments like insomnia, gastrointestinal disorders, suicidal thoughts, crippling anxiety and substance abuse can persist for a lifetime.
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