Victims of Domestic Violence Forced To Testify

29-06-2005, 14:23

Quote:

"Powers were used to force 140 victims of domestic violence in England and Wales to give evidence in December, the Crown Prosecution Service has said.
The CPS said such action is taken where there is a danger that someone could be seriously injured or killed.

But each case is considered separately and witness summonses are not issued if someone would be put at more risk.

Woman made up 89% of victims in the CPS "snapshot" and 59% of the 2,299 cases involved unmarried or former partners.

Violence against married partners or ex-spouses made up 25% of the cases in December with the remainder involving parents, grandparents, children, siblings and extended family members........."

http://news.bbc.co.uk/1/hi/uk/4631473.stm

Ok, another dilemma. Should victims of domestic violence be forced by the State to testify where it is believed their or others lives are at risk? The story goes on to mention another pilot study where victims were given greater support through having their own independent adviser and a result the number of cases being dropped fell (though not clear by how much).

Chimaera · 29-06-2005, 14:25

No!! In my experience it would make an already bad situation even worse

**Chris** · 29-06-2005, 14:26

Yes ... provided the power to compel is used very carefully indeed. Sometimes people are so scared they are unable to see the wider picture and appreciate that in trying to avoid further harm, they actually put themselves in greater danger. However for me it is the possibility that the perpetrator might go on and harm other people that is the clincher. You have to give adults as much freedom as possible to put themselves in harms way, provided they are of right mind, but once others are at risk (I would include children within a marriage as well as strangers) then things are a little different.

In such circumstances I think it is acceptable to oevr-ride their own wishes.

Paul · 29-06-2005, 14:40

IF the people being compelled to testify are protected, supported and assured that they won't just be left out to dry if the case falls through then yes it is acceptable...
BUT
what about all the cases that collapse through technicallities, lack of corroborating evidence etc? The people suffering the abuse MUST be protected and supported throughout the case and beyond (where necessary) otherwise what will happen to them if the case falls apart?
Yes we must get these abusers off the street but we cannot leave people in a possition of risk just because we want to help them.

29-06-2005, 15:04

As you may have guessed from my non-committing opening post I'm not sure of this one. Ultimately the aim is clearly right and the thing that nags me is that once one act of domestic violence occurs another is likely to follow. So whilst a victim might accept an aggressors plea that s/he won't do it again and therefore dreop charges, they may just be storing up trouble for themselves. But the element of compulsion does concern me and that's why I wonder if the other pilot route is the one to follow - but without knowing more about the levels of its success I'm not so sure.

My mother also called the police once claiming my dad had assaulted her, which was clearly not true. Still, gave me something to talk about at school:
"What you have for breakfast Andy?"
"Coppers"

Ramrod · 29-06-2005, 15:18

Quote:

Originally Posted by andyl

As you may have guessed from my non-committing opening post I'm not sure of this one. Ultimately the aim is clearly right and the thing that nags me is that once one act of domestic violence occurs another is likely to follow.

Thats right and time and time again the woman ('cos it's usually a woman) gives in and believes her partner/husband when he says he won't do it again...........till the next time, and the next......

I always get a wave of relief pass through me when the woman sitting in front of me says that she has already kicked him out/moved out herself.......

punky · 29-06-2005, 16:34

Quote:

Originally Posted by andyl

So whilst a victim might accept an aggressors plea that s/he won't do it again and therefore dreop charges, they may just be storing up trouble for themselves.

Actually, the CPS can already press charges without the [ex-]partners consent. They have had this power for quite a while.

Like you I am divided on the issue. I am leaning against this idea, because personal freedom from the state is something I value highly (stop laughing Graham

) Seriously, I do, when the state forces people do things against their wishes, it doesn't feel me with a lot of confidence. I makes it look like we are hurtling toward a totalitarian police state.

Quote:

My mother also called the police once claiming my dad had assaulted her, which was clearly not true. Still, gave me something to talk about at school:
"What you have for breakfast Andy?"
"Coppers"

Erm, don't mean to pry mate, but why on earth did she do that?

29-06-2005, 16:40

Quote:

Originally Posted by punky

Erm, don't mean to pry mate, but why on earth did she do that?

Now that is a good question. One clown short of a circus my mother!

EDIT: Well they were having a blazing row, though that was really nothing new. I am certain though that my dad never hit her. Ee, them were days

Jules · 29-06-2005, 16:55

No No No! This is all wrong and can inflame the situation

Ramrod · 29-06-2005, 17:08

Quote:

Originally Posted by whyme38

No No No! This is all wrong and can inflame the situation

............but will probably save lives

Paul · 29-06-2005, 17:11

Quote:

Originally Posted by Ramrod

Quote:

Originally Posted by whyme38

No No No! This is all wrong and can inflame the situation

............but will probably save lives

Or of the case fails it can put lives at risk. Not an easy call to make

**Maggy J** · 29-06-2005, 17:19

Well it is an improvement on the good old days when the police were extremely reluctant to get involved in domestic abuse cases at all.Does seem to be going completely the other way though.

I think each case truly needs to be considered on it's merits myself.I'm very dubious about 'blanket' decisions like this...

29-06-2005, 17:39

Quote:

Originally Posted by Incognitas

Well it is an improvement on the good old days when the police were extremely reluctant to get involved in domestic abuse cases at all.

Agreed

Quote:

Does seem to be going completely the other way though.

Possibly.

Quote:

I think each case truly needs to be considered on it's merits myself.I'm very dubious about 'blanket' decisions like this...

The suggestion is that each case is determined on its merits. EDIT: From that Beed story: "But each case is considered separately and witness summonses are not issued if someone would be put at more risk."

AndrewJ · 29-06-2005, 18:52

Not to be in-sensitive to thsoe who have been abused its a horrible position to be in, but if they testify the people, who have commited the crime have to do some time.

If they do not then they just get more abuse. From the minute they get home and have no chance to get away from it.

29-06-2005, 18:53

Quote:

Originally Posted by Saxodriver

Not to be in-sensitive to thsoe who have been abused its a horrible position to be in, but if they testify the people, who have commited the crime have to do some time.

If they do not then they just get more abuse. From the minute they get home and have no chance to get away from it.

Were but life so simple. You get hit by someone you love - what does that do to your emotions?