When Women’s Self-Empowerment Seems Otherwise: The Uncooperative Domestic Violence Victim

By: Veronica Henderson, Attorney at Law.

As we celebrate women during Women’s History Month and International Women’s Day, there are certain actions taken by women that seem to work against their own empowerment. However, the dynamics of the situation may require a more open-minded approach to dealing with certain events.

In domestic violence cases, the police are called by the victim or a percipient witness, such as a family member. Ultimately, the case makes its way to the local prosecutor’s office, and charges are filed. Thereafter, it is not uncommon for the victim to request that the charges be “dropped,” even though most criminal law schemes do not allow for victims to determine the trajectory of a case. Routinely, prosecutors assigned to domestic violence cases deal with uncooperative, recanting, and sometimes hostile or even absent victims. The lack of cooperation often impedes the successful prosecution of these cases and makes some impossible to prove.

The situation has become highly prevalent and almost expected in domestic violence cases. After the initial report, victims become reluctant to cooperate and refuse to assist in holding their abuser criminally accountable. Confronted with the prospect of testifying in court, victims commonly fail to appear, minimize the abuse, or recant entirely. It has been estimated that up to 80 percent of domestic violence victims either recant or refuse to testify against their batterers.

Why would a woman allow herself to be abused without the abuser suffering the consequences? The answer is complex and may not actually be based on a lack of a desire to be protected and treated well. The reasons are multi-faceted. Many victims do not want to confront the defendant in court and publicly recount the abuse, vilifying a person who they once loved or still love, a person who fathered their children. Other victims are intimidated by the prosecutorial process, and may feel stigmatized, unwelcome, and uncomfortable. Many resent having to re-tell the story many times, as the case winds its way through the local criminal justice system. Additionally, there is the possibility of financial upheaval and economic insecurity that may follow.

Can the case still go forward without the victim’s cooperation? Yes. Independent witnesses, such as children who were present, may be able to establish the abuse. Photos taken by police and others as well as medical records may come into evidence. Spontaneous or inconsistent statements by the victim may come in, as exceptions to the normal hearsay exclusion rules.

Understanding the complex dynamics of domestic violence and those involved is a start to figuring out the best manner of dealing with such situations. The use of a team-approach to policing, involving mental health and specially trained family violence professionals, may provide a good use of resources when domestic violence occurs.