Procuring Respite
I have been prosecuting domestic violence cases for 20 years. Victims of these offenses generally fit a typical profile. They are uncooperative, which manifests itself either in perjury - should they actually come to court - or complete disappearance, in which case it is difficult for the prosecution to proceed.
Often, a prosecutor has to negotiate a better deal than would be desired because of that lack of cooperation. Frequently, the offender is placed on probation and ordered to have no contact with the victim. And, most of the time, the offender and the victim reconcile…..until the next act of violence occurs.
This week I was tasked with preparing for a hearing that was likely to revoke the Defendant’s probation and send him to prison for around a year. I had subpoenaed a police officer and the victim. She was reluctant to come in, but she actually arrived on time for our prep meeting ahead of court. I explained the process and what was likely to happen. She was visibly upset and expressed great anxiety at having to testify in front of her abuser. She then tried to take responsibility for what had happened, telling me that she had allowed him to stay with her when he had nowhere to go. Her eyes welled up with tears as she explained how much she loved this man, with whom she had been in a relationship for 8 years.
I asked her what she wanted to have happen, thinking I knew her answer. The majority of victims sincerely believe that all it will take is “just one more chance.” But then this victim surprised me.
“I think he needs to do his time,” she whispered. She had grown weary of his jealousy, his belittling, his violence, all which was fueled by his drug use. She explained to me that she just needed some time to be able to breathe, without looking over her shoulder for the next explosive episode.
I told her that I would try to get through the hearing without having to call her as a witness. When we got to court, the defense attorney surprised me with the news that the Defendant planned to waive his right to the hearing and agree to go to prison. The victim's relief was palpable when I conveyed this to her, as she anxiously waited out in the hallway. She hugged me in gratitude and went on profusely about what it meant to have someone looking out for her.
It was a good day.