Victim refusal to testify in domestic violence cases : can victimless prosecutions provide the answers
Wedde, Frances Ruth
Victim refusal to testify in domestic violence cases : can victimless prosecutions provide the answers Wedde, Frances Ruth - 2004 - 44 p.
Research paper (LL.B. (Hons.))--Victoria University of Wellington, 2004.
This research paper discusses the implications of a victim refusing to testify in domestic violence prosecutions. It points to the frequency with which victims of domestic violence withdraw their testimony against the perpetrator, citing reasons such as wanting to continue in a relationship with the perpetrator, not wishing to create trouble for the perpetrator, and thinking the trial would have a negative impact on children. The author recommends a change in legislation that would allow prosecution to go ahead without the testimony of the victim, which is not currently the case in New Zealand. This, the author says, will allow the law to have a zero tolerance attitude towards domestic violence. The author also points out that there are other avenues for evidence, such as witness accounts, damage to property, and the scene of the incident. These could substantiate a case without the need to compel the victim to testify.
nz
COURTS
DOMESTIC VIOLENCE
JUSTICE
VICTIMS
WOMEN
INTIMATE PARTNER VIOLENCE
364.15553
Victim refusal to testify in domestic violence cases : can victimless prosecutions provide the answers Wedde, Frances Ruth - 2004 - 44 p.
Research paper (LL.B. (Hons.))--Victoria University of Wellington, 2004.
This research paper discusses the implications of a victim refusing to testify in domestic violence prosecutions. It points to the frequency with which victims of domestic violence withdraw their testimony against the perpetrator, citing reasons such as wanting to continue in a relationship with the perpetrator, not wishing to create trouble for the perpetrator, and thinking the trial would have a negative impact on children. The author recommends a change in legislation that would allow prosecution to go ahead without the testimony of the victim, which is not currently the case in New Zealand. This, the author says, will allow the law to have a zero tolerance attitude towards domestic violence. The author also points out that there are other avenues for evidence, such as witness accounts, damage to property, and the scene of the incident. These could substantiate a case without the need to compel the victim to testify.
nz
COURTS
DOMESTIC VIOLENCE
JUSTICE
VICTIMS
WOMEN
INTIMATE PARTNER VIOLENCE
364.15553