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Guest Column: Victims need more rights in domestic-violence cases

Written by Marsy's Law for TN | Jan 31, 2025

By: Brent Taylor

Originally published in the Daily Memphian

October 23, 2024

 

October is Domestic Violence Awareness Month, a time dedicated to amplifying the voices of survivors and addressing the presence of domestic abuse across the nation. Unfortunately, just this past weekend the tragic event where a man is accused of murdering his ex-girlfriend at Shelby Farms Park brings intimate partner violence to the forefront of our minds.

To honor Ellie Young and to recognize Domestic Violence Awareness Month, it’s appropriate to reflect on the significant legislative strides made toward protecting victims’ rights and the impact Marsy’s Law could have in furthering victims’ rights if enacted. We should support this crucial proposed constitutional amendment and recommit to protecting the rights of domestic violence survivors.

Domestic violence remains an issue affecting more individuals than most realize with one in four women and one in seven men experiencing severe physical violence from an intimate partner in their lifetimes. These traumatized survivors face legal battles that can seem more accommodating to their abusers than to the survivors. For many, Marsy’s Law is critical to safeguarding and ensuring their voices are heard and prioritized.

In 1983, Marsy Nicholas, a student at the University of California at Santa Barbara, was stalked and tragically killed by her ex-boyfriend. Her family, unaware of her murderer’s release on bail, had a shocking and unexpected run-in with him at the grocery store only a week after her death. Had Marsy’s Law been in place then, the Nichols family would have been notified of any transfer or release of her murderer.

Tackling this issue head-on also means we’re confronted with the hard truth that, unfortunately, perpetrators of violent crime have historically been granted more rights than their victims. But we can take action to change that.

Marsy’s Law helps alleviate fear by giving victims the right to be notified when their abuser is released from custody or when key developments occur. It also empowers survivors to ensure their voice is heard throughout their legal journey by giving them a platform to express the impact of violent crime on their lives and families.

In many communities, October is filled with events — vigils, walks, and discussions — to raise awareness and promote resources for those affected by domestic violence. Yet, awareness is not the only step. To enact meaningful change, the General Assembly must pass Marsy’s Law during the 2025 Legislative Session to ensure our state is putting the needs and rights of victims at the center of our criminal justice process. Only then can we hope to create a world where all individuals can live free from violence, fear and intimidation.

To me, Domestic Violence Awareness Month represents more than just supporting those who have been affected. This month is a reminder that we, as a state, must do everything in our power to ensure victims of these heinous acts have an equal voice in the process. I’ve supported legislation that focuses our criminal justice system on honoring victims and holding criminals accountable. Supporting victims and granting them equal access to justice should not be something we do only in October.

If you are a victim of violent crime, my hope for you is that Tennessee never stops creating a space for your story to be told while also demanding justice for you and your family. This is only the beginning of the fight, and I proudly support Marsy’s Law and any future legislation that furthers its mission.