Instruct cops about domestic violence

All of these comments point to a lack of understanding of the dynamics of domestic violence and the learned helplessness of domestic violence victims. Does a prosecutor really expect a victim, without resources and support, to admit in open court, in the presence of the perpetrator, that she was threatened, or offered a reward or an inducement to drop charges? But the prosecutor is doing his duty and following the law, and this is one case where the law is an ass. When the victim is attending counselling sessions with the perpetrator, does that not send her the message that she is partly to blame for his reprehensible conduct? The police must understand that domestic violence is first and foremost a crime. Crimes need to be investigated by the police and the perpetrators brought to justice. The police conduct an investigation when the victim is murdered and must also do so when the victim is still alive.

The Australian Law Reform Committee on Domestic Violence advised that “the police are gatekeepers of the justice system and decide who are to be charged in domestic violence cases, but when they believe a domestic violence offence has been committed their role is to enforce the law and not be peacekeepers.” It advised that the police should gather evidence at the scene so the case could proceed without the victim’s evidence.

A Canadian report of the results of a “no drop charge policy” showed “a dramatic rise of over 80 percent from a previous two percent in the number of cases of police charging perpetrators after they had gathered sufficient evidence.” The “study also found a reduction in the level of violence after the intervention.” Following that study, specific departmental orders were issued to the police in Canada, the US and New Zealand instructing when to arrest in domestic violence cases. I recommend that our police be given similar specific instructions here. Apparently, our domestic violence laws are not enough.

I also recommend, once again, that our domestic violence law be amended, or, at the very least, that the police be issued general orders, instructing that every officer who receives a report of domestic violence must record what action he has taken in light of that report.

I offer these suggestions which should help to take some pressure off the victim and place it where it belongs, on the police to take action, and in the hope that it may help to save a life. This is written in memory of my client who was murdered by her husband in June 1985.

HAZEL THOMPSON-AHYE attorney