9.26.2024

Domestic Abuse and the Failure of the Criminal Justice System

  


This guest post is courtesy of Alex Daniels, Regent Family Law student:


Domestic abuse is a brutal and horrifying problem that has reached epidemic proportions. Domestic abuse stands out among other crimes because, unlike other violent crimes such as robbery, which is a one-time crime, domestic abuse is an ongoing, constant cycle. This cycle is well-documented to involve three phases: (1) tension building, where the battered individual often feels like they are walking on eggshells; (2) an explosion, where abuse—often physical—occurs; and (3) the honeymoon phase, where the abuser apologizes and tries to make amends.


Yet almost without fail, the cycle restarts, and the tension starts to build again. Further, the cycle often escalates, leading to the abuser killing his victim. In fact, one found that “over half of all homicides (55.3%) were [domestic violence]-related.”


For victims, the situation often feels impossible because they feel isolated—like any attempt to reach out for help will fail, either because she will not be believed, or because her abuser will find a way to stop her, and she will be back in a worse situation than before. The situation also feels impossible because often victims truly love their abuser. They idealize him, believe he will change, and often even believe the abuse is their own fault. Finally, they are often financially dependent on him and feel unable to leave him for fear of herself or her kids.


Prosecutor offices nationwide have had to grapple with how to deal with this problem, because often the explosion and violence phase leads to the police being called and the abuser being arrested. However, when the case comes to trial, many victims either do not show up to court (which can itself lead to legal repercussions), or refuse to testify against their abuser, leading to the case being dismissed.


Unfortunately, the victim’s problem only makes sense. In many states, especially Virginia, the punishment often ends up being no more than a couple of months in prison, if he even serves time, after which time the abuser finds his victim again and punishes her for testifying against him. Further, the complex emotions of helplessness, love, and dependency on her abuser can make it that much harder to testify, because of the feeling that it will do nothing, and being conflicted over whether she even wants him to be convicted.


Because victims of domestic violence are so rarely willing to testify against their abusers, convictions against abusers are rare, and prosecutors have a hard time doing anything to help victims. In fact, a failed prosecution can sometimes serve to empower the abuser, who has just gotten away with brutally attacking his victim. Some have suggested criminal justice reforms to address this problem, and while those solutions might help, they cannot solve the root problem that women feel trapped, confused, and helpless. Instead, solutions need to be focused on other ways to help women, such as building support. Victims need voices they can trust telling them that what they are experiencing is not okay, is not their fault, and that they can do something about it. Only when women are so empowered will they be able to take the necessary steps to break free from their abusers.


The Criminal Justice system is helpful, but it is not the primary solution—or even a main solution—to the problem. Instead, it should be viewed as a tool to help those fighting to empower women to seek justice, accountability for their abusers, and peace. This is family restoration.

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