NCJ Number
168504
Journal
British Journal of Criminology Volume: 37 Issue: 1 Dated: (Winter 1997) Pages: 75-89
Date Published
1997
Length
15 pages
Annotation
This article examines the difficulties involved in prosecuting domestic assault.
Abstract
Criminal justice professionals hoped that the declaration of the competence and compellability of a spouse to give evidence against a violent partner had removed a significant barrier to the effective prosecution of domestic assault. Examination of the theoretical arguments for and against compulsion suggests that these are finely balanced. Empirical investigation reveals that, partly for pragmatic and partly for humanitarian reasons, the compellability provision is not enforced. Assailants still deem their victims responsible for the continuance or otherwise of a criminal prosecution against them, while from the point of view of the prosecuting authorities the woman's withdrawal of cooperation continues to lay her open to criticism. And prosecutions for domestic assault are still characterized by a sense of frustration and failure on all sides. The single most important element in the prosecution of domestic assault is the complainant's commitment to the process; without this there is little hope of success, even if compulsion is attempted. Notes, references