Turning a Negative into a Positive
Crystal Harris, a California woman, endured a sexual assault perpetrated by her husband. Serving as the primary breadwinner for her family, she found herself in the disturbing situation of being instructed to pay alimony to her now ex-husband.
Her ex-partner, Shawn Harris, had been convicted of the assault in 2008 and was serving time in a state prison. The decision raised eyebrows among experts, as it seemed to be the first instance where a victim of sexual assault was compelled to support their convicted assailant financially.
At the time of the ruling, Crystal Harris earned approximately $120,000 annually as a financial adviser for a brokerage firm, while her husband’s income was around $400 monthly. San Diego Superior Court Judge Gregory Pollack, who issued the directive for Crystal Harris to pay alimony to her ex, based his decision on California family law.
Judge Pollack highlighted that according to the law, alimony is typically not warranted when one spouse attempts to murder the other. No other exceptions were explicitly outlined in the law, which led Judge Pollack to exercise his discretion in awarding alimony payments to Shawn Harris, thus resulting in a scenario where a woman could be obligated to support her attacker financially.
However, Judge Pollack had the option not to grant alimony to Crystal Harris’ ex-husband, as he could have used his judicial discretion given the circumstances.
Crystal Harris wasn’t immediately required to commence alimony payments. According to the ruling, Shawn Harris would only become eligible for alimony after his release from jail in 2014.
Adding further distress, Crystal Harris was also instructed to cover her ex-husband’s legal fees, amounting to $47,000. Despite this, her alimony payments, which would typically be $3,000 per month in ordinary circumstances, were reduced to $1,000 due to her status as a victim of rape.
Crystal Harris’ Contribution
Crystal collaborated with both Democrats and Republicans to pass new legislation aimed at safeguarding future victims of spousal rape. This legislative effort garnered fresh attention to the crime and exposed deficiencies in the legal system that, astonishingly, had previously allowed victims of spousal rape to be obligated to provide support to their assailants.
Before the enactment of AB 1522, the California Family Code only made exceptions to spousal support payments in instances involving attempted murder or solicitation of murder.
San Diego District Attorney Bonnie Dumanis joined forces with Crystal and the sponsors of the new legislation: Assembly member Toni Atnins introduced the bill alongside Assembly members Jeffries, Holly Mitchell, Marty Block, Martin Garrick, Ben Hueso, Brian Jones, and Jeff Miller, as well as Senators Joel Anderson, Mark Wyland, Christine Kehoe, and Juan Vargas.
Governor Jerry Brown signed the bill into law on September 28, 2012, and it took effect on January 1, 2013.
During the same period, Crystal planned to testify in support of AB 1850. This proposed legislation aimed to extend the coverage of Criminal Protective Orders (CPOs) to encompass children who witnessed a crime committed against their mother. The passage of AB 1850 was anticipated to prevent women and taxpayers from incurring significant financial, temporal, and emotional costs. This was by eliminating the need to navigate Family Court to individually protect their children from family crimes, a process Crystal herself was compelled to endure for the 2 1/2 years it took to bring her ex-husband’s case to trial. Criminal Protective Orders carried more weight than DVTRO’s and remained influential until the conclusion of the criminal case.
How AB 1522 Protects the Victims
AB 1522 brought about significant amendments to the California Family Code, including;
- Introduction of Exceptions to Spousal Support Payments: The primary amendment introduced by AB 1522 was the inclusion of exceptions to spousal support payments in cases involving spousal rape. Before this amendment, the Family Code only provided exceptions for spousal support payments in cases of attempted murder or solicitation of murder. AB 1522 expanded these exceptions to include situations where one spouse had been convicted of raping the other spouse.
- Protection for Victims: By explicitly stating that victims of spousal rape should not be financially obligated to their attackers through alimony payments, AB 1522 aimed to provide protection and relief for survivors of spousal rape. This ensured that survivors were not further victimized or financially burdened by the legal system.
- Clarity in Legal Framework: The amendment clarified the legal framework by addressing a significant loophole for unjust outcomes. By clearly stating the exceptions to spousal support payments, AB 1522 guided judges and legal professionals in handling cases involving spousal rape.
- Prevention of Further Injustice: AB 1522 aimed to prevent further injustice by ensuring that survivors of spousal rape were not forced to financially support their attackers. This legislative reform helped to rectify an inequity in the legal system and protect the rights and dignity of survivors
We Want To Help
Domestic violence is extremely frowned upon by the courts in California. If you or a loved one is involved in a domestic violence case, we invite you to contact Kelmansky Law Group immediately. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online, and we will get in contact with you ASAP. We can provide a free consultation in person in our office or virtually by phone.
Our experienced, certified specialists in domestic violence litigation will be sure to fight until the very end to resolve the issue with the best outcome for you.
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RELATED ARTICLES:
- Domestic Violence Related Crimes in California
- How to Reduce or Dismiss a Domestic Violence Charge
- Recognizing Domestic Violence in a Relationship
- Recovering from a Domestic Violence Charge
- Unfair Tactics Used in Domestic Violence Prosecution
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Yuliya Kelmansky is an Expert Attorney who has over 15 years of practice defending a variety of cases.
