Domestic Violence Archives » Lynda Waddington

27Mar 2017 by Lynda Waddington

Stalking law changes need to go further

Gazette Column

Iowa Senate members took a significant step last week to improve Iowa’s lackluster stalking definition, but more should be done to align the law with technological realities. Senate File 468 passed unanimously (49-0) on March 21, and is now before the House Judiciary Committee. The bill updates the definition of criminal stalking by loosening a requirement that victims must personally fear bodily injury or death. If the bill is approved, the definition would include what would cause “what would cause a reasonable person” to feel frightened or terrorized for herself or immediate family members. In addition, electronic surveillance is explicitly noted within the statute as an action that can constitute stalking. Sen. Kevin Kinney, an Oxford Democrat and retired deputy sheriff with a wealth of experience combating human trafficking and…

18Apr 2016 by Lynda Waddington

Should punishment fit the crime or the risk?

Gazette Column

A bill intended to drastically reform punishment for domestic violence has quickly moved through the legislature this year. While good-intentioned, it opens the door for use of risk assessments in sentencing, and uses ineffective mandatory minimums. House File 2399 passed the Iowa House in March, 82-12. It was amended by the Senate to expand the definition of stalking, include GPS monitoring as stalking and classify dating violence as domestic abuse before being passed unanimously on April 6. The Senate also included mandatory-minimum punishments for stalking, harassment and repeat offenders. The House must take up the amended version before it is passed to Gov. Terry Branstad’s desk. The bill, according to the Legislative Services Agency, would require abusers to undergo mandatory risk assessment. The assessment would be developed and validated by…