The role of the victim in prosecuting domestic abuse: Examining the use of evidence led prosecutions in cases of domestic abuse

• In Event: POL Panel 6. Policing gender-based violence, rape and domestic abuse

Abstract

Prosecuting domestic abuse (DA) without the victim/ survivor’s support is a contentious issue with debates centred around the appropriateness of this way of prosecuting DA (Davis et al, 2008), where some argue they simply replace the control of the abuser with the control by the state (Ford, 2003). Evidence-led prosecutions (ELP’s) are those where the Crown Prosecution Service feels there is sufficient evidence to proceed to court without the support of a victim. Despite the fact that ELPs have been advocated for many years in the UK, there is a dearth of published research exploring how they work in practice and importantly, what impact they have on victims. This paper draws on research across three UK police forces, involving detailed analysis of 90 police investigations files of ELPs, interviews with police decision makers, victims who have experienced ELPs, focus groups with front line police officers and CPS prosecutors. Findings suggest the type of evidence available plays a crucial part in deciding whether to pursue a case of DA by means of an ELP, expressions of fear by the victim/survivor are instrumental in successfully convicting the perpetrator yet are often not captured sufficiently by police officers and victim/survivors identified both advantages and disadvantages of their cases being prosecuted without their involvement.

Author

• anna hopkins, Open University