Why the Law Fails Victims of Violent Partners

There are a number of charges that can be laid when one partner abuses the other: assault, aggravated assault, assault causing bodily harm, forcible confinement, abduction, uttering threats, criminal harassment, and, of course, homicide (first- and second-degree murder and manslaughter), to name just a few. But even this array of charges covers only a small portion of the kinds of abuse to which a woman may be subjected by her intimate partner. And as with sexual violence, most women don’t want to report intimate partner violence to the police. When they do, they lose control of their situation, because, in Canada, police are required to lay charges in all domestic violence cases where they believe there is a reasonable likelihood of obtaining a conviction.

Reporting to the police, even when dealing with a compassionate, well-informed officer, is not pleasant. It’s less accessible to some women than others because of their class, race, or, perhaps, past history with the police. Making a report of intimate partner violence to the police means that, if the woman has children, the child protection authority will be called in.

The criminal process for both sexual and intimate partner violence cases is a long one, during most of which the woman will not know what is going on. Her role is that of a witness to her own abuse—with her body, possibly, functioning as evidence. Because she is not a party to the proceedings, she is not privy to much of what is going on and has no voice or power in most of it. While the case is underway, the accused is likely living in the community under restrictions set out in bail conditions. This time—which could last for months or even longer—is challenging for a survivor of intimate partner violence. Link to full story here.