On June 23, 2017, a district attorney in California was arrested on charges of domestic misdemeanor battery , according to a July 5 story by the Los Angeles Times. The Pomona police incident report states that authorities had responded to a call of domestic disturbance. Upon arrival at the family home, the wife initially informed police she had been struck on the arm by her husband. However, as the police began to place her husband under arrest, the wife “began to frame the incident as a misunderstanding.” Although the wife did not want the husband prosecuted, he was taken into custody. While it is not clear that the wife here recanted her statement to the police, the incident does prompt questions about recantation in domestic violence cases.
According to the National District Attorneys Association, recantation occurs in 75 percent of domestic violence cases. Victims in family violence cases may also attempt to avoid prosecution of violent family members, assume blame for related circumstances or downplay the seriousness of altercations. These efforts are anomalous when considering other criminal cases due to the close personal relationship between the victim and the offender. After evaluating the consequences their statements may have on a family member who has been violent, many victims who want to avoid the prosecution and conviction of loved ones seek to recant their statements because it appears to be “the safest and most prudent course of action.”
Statements and testimony should not be procured through abuse of the legal process. Likewise, recantation of statements should be made only where appropriate under the law, without intimidation, threat or coercion of any kind.
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