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.
No comments:
Post a Comment