NCJ Number
163181
Journal
ABA Journal Volume: 82 Dated: (May 1996) Pages: 76-77
Date Published
1996
Length
2 pages
Annotation
This article examines issues in whether or not to enact legislation that compels wives to testify against their husbands, even against their will, when they are victims of domestic assault.
Abstract
Raoul Felder argues that female victims of domestic violence have often been brainwashed by their abusers to the extent that they are incapable of acting in their own best interests by taking action that will lead to the imprisonment of their abusers. Such victims have lost their "free will" in deciding how best to gain protection for themselves. It is difficult, says Felder, to have a successful prosecution when the major witness, often the only eyewitness, is a reluctant participant in the prosecution. The answer, he suggests, is to provide adequate support services to the victim-witness, including psychological and social services, police protection, and competent and well- trained prosecutors. Anita Blair argues, on the other hand, that advocates of mandatory waiver of spousal immunity from testifying against a husband are not interested in victims' rights; if they were, they would respect a woman's right to invoke her privilege not to testify. She reasons that a married woman who wants to stay married might have many good reasons not to want to testify against her husband. The law no longer prevents her from testifying. She is free to change her mind about bringing charges or testifying if abuse continues. If a wife knows she may be compelled to testify against a husband she genuinely fears, she is unlikely to seek help from the police and the courts.