from the below article:
In September 2008, she was held captive in her bathroom by her abuser, as her two children stood outside the door listening to her cries. She suffered injuries to her head and eye.
Roby said the judge felt she was not in reasonable fear of receiving harm during her confinement, a requirement for a domestic assault charge to stick. In West Virginia, a felony kidnapping charge applies only to restraint intended to obtain a "concession" (ransom).
Wirt woman pushing for new law
January 13, 2011 - By NATALEE SEELY, nseely@newsandsentinel.com
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PARKERSBURG - A Wirt County woman is lobbying the state Legislature for passage of "Celena's Law," a bill that would give prosecutors another tool to protect domestic violence victims.
Celena Roby, the woman behind the proposed legislation, lived in an abusive relationship for 11 years until one event changed the direction of her life.
In September 2008, she was held captive in her bathroom by her abuser, as her two children stood outside the door listening to her cries. She suffered injuries to her head and eye.
....
"He admitted on the stand that he held me against my will and still got away with it," she said. "I just couldn't see how that was possible."
Roby said the judge felt she was not in reasonable fear of receiving harm during her confinement, a requirement for a domestic assault charge to stick. In West Virginia, a felony kidnapping charge applies only to restraint intended to obtain a "concession" (ransom).
"I knew there had to be some way to close the gap between a domestic assault charge and a kidnapping charge. There needed to be something in-between," she said.
http://www.newsandsentinel.com/page/content.detail/id/543236/Wirt-woman-pushing-for-new-law.html?nav=5061Seriously? This lady needs to lobby for a law to change this?