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‘Kilah’s Law’ headed to state legislature

Bill would increase penalties of severe child abuse, help officials better track crimes

By Cleve R. Wootson Jr. and April Bethea
cwootson@charlotteobserver.com
  • http://media.charlotteobserver.com/smedia/2013/02/06/10/54/zYrQi.Em.138.jpeg|210
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    Cabarrus County native Kirbi Davenport, seen with her children Kilah and Bladen, is just one of the forces behind The Kilah Davenport Foundation, which aims to help prevent child abuse and support victims of child abuse. Her daughter was severly abused and nearly died. LUKAS JOHNSON-ljohnson@newsofcabarrus.com
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    Kilah Davenport, 3, leaves the Levine Children's Hospital on July 19, 2012, to go home. JEFF SINER-jsiner@charlotteobserver.com
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    Kilah Davenport was allegedly beaten by her stepfather, Joshua Houser, in May 2012, so severely that she had a broken collar bone, a fractured skull and severe brain damage. Houser was charged with felony of child abuse inflicting serious bodily harm. COURTESY OF THE DAVENPORTS

Nine months after authorities say a Union County toddler was severely beaten by her stepfather, a new bill was filed in the state legislature Wednesday that could more than double sentences for some child abusers.

Rep. Craig Horn, a Republican from Weddington, said the bill would increase the punishments for five child abuse-related felonies. For the worst cases of abuse, an offender currently could serve a maximum of 15 years in prison. Under the bill, that would rise to a maximum of nearly 33 years.

The bill also contains provisions that would let authorities better track the crimes.

The measure, dubbed “Kilah’s Law,” was inspired by the case of Kilah Davenport. She was 3 years old last May when she was hospitalized with severe brain damage and a fractured skull. Authorities say she was beaten by her stepfather, Joshua Houser, who remains in jail on $1 million bond as he awaits trial.

Kilah survived, but doctors say she’ll likely have the mind of a 3-year-old for the rest of her life. The 25-pound girl has had five surgeries in the last five months. She has physical therapy visits twice a week, and takes three drugs a day.

“It made me feel amazing that my little girl is one step closer to hopefully saving a couple lives,” Kirby Davenport said. “I am hearing that this is wanted. This is begged for. Everyone is craving Kilah’s Law across the state.”

Horn told the Observer on Wednesday that he had been following Kilah’s case and was approached by people in the community to consider legislation to address cases of severe child abuse.

Among the groups pushing for action is The Justice for All Coalition, a nonprofit that has successfully pushed for other state child protection laws.

Horn said officials are hoping for a law that would “deal a little more appropriately with the heinous crime of child abuse where terrible damage is caused and … use the additional punishment hopefully as a deterrent” to future abuse.

He said the bill has bipartisan support from legislators across the state. It is expected to get a first reading on the House floor as early as Thursday, then will likely be referred to a chamber committee. It’s unclear how many children in the state are assaulted as badly as Kilah was. In the last fiscal year, 131,379 children across the state were referred to county social services agencies for possible abuse and neglect, according to Prevent Child Abuse North Carolina. During the same period in Mecklenburg, 13,972 children were referred.

Kilah’s family celebrates small triumphs: eating pureed food, and being able to say “Mama” again.

But Kilah missed her best friend’s fourth birthday party. Her mother worried she’d be saddened by the sight of her friends playing as she sat immobile in her wheelchair.

Davenport said she hopes future offenders gain a better sense of what victims like Kilah have lost.

“Right now I’m sitting out on the front porch,” she said. “My Kilah would be right here bouncing on me, saying ‘Mama push me on the swing. Let’s throw the ball. Can I let the dogs out?’ But I sit here and there’s nothing. She’s not beside me.”

Wootson: 704-358-5046; Twitter: @CleveWootson

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