Scales of Justice

With all of the laws in the US, you wouldn't think domestic violence crimes should be so hard to prosecute.  In reality, the scales of justice often discriminate against women attempting to escape from their abuser.  Although we spend millions of dollars on prevention and awareness campaigns, we have not yet reached the roots of this problem; they are deeply burrowed within denial and ignorance.

Every law enforcement professional you meet will say that the problem lies with the victims who fail to cooperate with the prosecution.  Why?  Because they are confused, afraid, and alone.  Their abusers spent many weeks breaking them down and grooming them to be completely submissive.  They have little or no support and nowhere to go.  Knowing that plea deals generally result in no jail time served, they figure it's best to take the abuse rather than placing the children in unsupervised visitation with their abuser. 

Abusers don't usually let go of their victims right away and some never do.  We all witnessed those "messy" divorces where each party gets dragged through the mud.  In fact, abusers take special care to "brand" their victim, assuring that enough dirty laundry has been left behind to use against her, should she try to leave.  For example, many men are using revenge porn as a defamation tactic; taking photos of victims under the guise of intimacy, then performing virtual rape by posting them all over the internet.  Victims also feel guilty for having made some poor choices during the course of the relationship.  Some think they deserve to be punished for those poor choices, and their abuser makes sure to point them out.  

In reality, a second victimization is occurring: extortion by the abuser, with a little help from the justice system.  If you have ever acted as a substitute in a bowling league, you may have been given a handicap for your scoring disadvantage.  Domestic violence victims go into the courts with a handicap too; they have been physically beaten, psychologically assaulted, and emotionally broken and they often have the weight of their children's best interest to consider.  Judges don't care - the case is either black, or it's white.  Whoever has the best upfront advantage wins.  

Perpetrators know that the burden of proof lies on the victim, and abusers do everything in their power to make sure the victim is disorganized and destitute.  The family court appearances are scheduled much quicker than criminal court appearances, so victims have very little time to pull themselves together and figure out the best way to present their case.  Most victims have never appeared in a court of law before.  The escape itself is traumatic and overwhelming; in other words, victims are at their lowest and weakest point.  It is the perfect opportunity for an abuser to discredit his victim.

In several cases, the victim is denied her day in court by incompetent or indifferent members of law enforcement, as well as ineffective internal procedures.  Arguably the last profession to embrace technology, law enforcement is held back by adherance to rigid, oudated practices and traditions.  No longer looked upon as a career of prestige and honor, officers' vacancies never seem to be filled.  They have a defensive disadvantage to contend with as well, and often cannot handle the complexity presented in domestic violence cases.  

Finally, there is the dollar amount to consider.  The odds are high that an abuser who is found guilty by trial will file endless appeals, while taxpayers foot the cost of his rustic vacation in jail.  Very few abusers contribute anything of value to society, nor do they hold steady jobs, which means their fines never get paid.  In short, they are a waste of time and energy for the prosecutor.  This attitude is unfortunate; in reality, society ends up picking up an extremely costly tab after these perpetrators spend years wreaking devastation upon their communities.