Currently, men and women who are abused can ask a judge to drop criminal charges against their abusers. But that law may change. Under House Bill 227, victims of domestic violence could no longer directly ask the court to dismiss charges against the defendant, placing the case into the hands of the prosecuting attorneys.
The bill's sponsor, Representative Afton Bradshaw, says the law needs to be changed. "Originally they thought this would be wise, but now that we have more experience in prosecuting domestic violence, we have learned that it's not good policy."
"There have been a number of cases where defendants have shown up to court with the victim with them, and the victim's standing there, obviously under some duress, has made the motion to dismiss the case," explains Paul Boyden, who is Executive Director of the Prosecutor's Association.
He says the number of victims dismissing charges is increasing. "This is becoming a common occurance. It's happening more and more often," he says.
Bradshaw told us, "If the abuser knows that the victim can ask for these charges to be dismissed, they're far more likely to say to the victim, 'I won't do it again, so drop the charges.' But that isn't what the case studies show."
Diane Stuart, State Coordinator of the Utah Domestic Violence Cabinet Council says some women stop court proceedings because they believe their abusers won't hurt them again. But the violence usually does continue, and it increases in frequency and severity.
In 1994 there were nearly 4,000 protective orders issued, and in 1997 that number doubled. Stuart says the numbers for 1998 are even higher and thinks this bill will take the pressure off victims and leave it up to the courts to decide.
"Victims of domestic violence do not decide whether a crime has been committed or whether it should be dismissed or not," Stuart says. "When we have a criminal charge against an individual it should stand on the evidence, and not on someone influencing the victim who has no control in this situation," she adds.
If you would like more information about domestic violence, or services available to victims of domestic violence, please call our Family Now Information Line at 1-800-575-5751.
