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Imagine waking up and realizing that you have been raped or sexually assaulted. Imagine the fear and confusion and shock as you try to figure out what happened and what you should do. Now imagine the police put the weight of the investigation entirely on your shoulders. What would you do?
This is the decision faced by sexual assault and domestic violence victims every day. Perhaps because of the number of victims who later change their mind and return to their abusers, the police will often ask these victims whether they want to press charges at all. If the victim seems hesitant or uncertain the officers may just close the case, labeling the victim “uncooperative.”
Rebecca Campbell, a psychology professor at Michigan State University, is crying foul on the policy:
“They do not treat other crimes this way. If you have a property crime, they don’t say: ‘Would you like me to dust for fingerprints? Would you like me to canvass the area for witnesses?’ ”
She wants the police to pursue these cases with the same vigor they do other violent crimes, regardless of the victim’s willingness to prosecute.
And where there is a system of domestic violence and controlling behaviors, the police can turn the victim into the investigator. At least one complainant was recently required to obtain and provide cell phone data from her provider before her claim would be investigated.
It is the police’s job to investigate claims and to support their claims with more than “he said/she said.” In criminal sexual conduct and domestic abuse cases this can be challenging, since most such cases turn on whether the complainant consented to the behavior. But there is often objective evidence out there: cell phone records, rape kits, medical records, torn or damaged clothing, bruising or scratches. Diligent police work would strengthen the cases worth bringing while at the same time reducing the number of malicious prosecutions by angry exes.
By making the victims decide whether to prosecute and then prove that what they say is true, the police systematically blame the victim and at the same time weaken their own cases. They should be relying on their authority to investigate crimes and their training in determining what actually happened, not on the victim’s determination and ability to provide proof.
Lisa J. Schmidt is an attorney for Schmidt Law Services, PLLC. She represents people accused of domestic violence and criminal sexual conduct. She also represents the victims of violence in related divorce and custody matters. If you know someone whose life has been affected by rape or abuse, contact Schmidt Law Services for a consultation today.
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