In a court proceeding on domestic violence, details of the victim are very important in determining the outcome of a court case. The strength of the prosecuting lawyer’s case depends largely on the testimony of the victim. The victim of domestic violence, however, is entitled to spousal witness privilege, this happens where she \he fears losing some privileges of a spouse like- housing, transport, among others. The prosecutor, however, has some options in case a victim of domestic violence refuses to testify in court, as discussed below.
The prosecutor may use other evidence. They include times of violent outbursts, provide photographs of the victim's physical injuries like bruised arms, black eye and split lips. The prosecutor can also make use of other witnesses to support the failure of the defendant to attend a court proceeding and instances of bruising and harm on the defendant (Moore & Singh 2018). If these factors are considered, they will increase the strength of the prosecution significantly. These factors are, therefore, generally sufficient in pursuing domestic violence charges against the defendant.
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The physical presence of the victim of domestic abuse is very important in a court proceeding. The prosecutor should, therefore educate the victim on her options and empowering them as part of trying to gain their cooperation (Furman, 2016). The prosecutor should also send a subpoena to protect the victim from the pressure of the abuser, among other factors. This will ensure that the victim appears and gives their testimony in the quest for justice.
.As evident above, the prosecutor has options to his disposal in ensuring the victim of domestic violence receives justice despite the fears of victimization of this complex court cases. A victim, therefore, needs adequate support and empowerment in such a case.
References
Moore, D., & Singh, R. (2018). Seeing crime, feeling crime: Visual evidence, emotions, and the prosecution of domestic violence. Theoretical Criminology , 22 (1), 116-132.
Furman, E. (2016). Addressing Evidentiary Problems in Prosecuting Domestic Violence Cases Post-Crawford. Temp. Pol. & Civ. Rts. L. Rev. , 25 , 143.
