{"id":351824,"date":"2016-04-04T11:02:35","date_gmt":"2016-04-04T16:02:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/domestic-violence\/the-recanting-victim-and-domestic-violence.html"},"modified":"2023-05-28T15:42:29","modified_gmt":"2023-05-28T20:42:29","slug":"the-recanting-victim-and-domestic-violence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/domestic-violence\/the-recanting-victim-and-domestic-violence.html","title":{"rendered":"The Recanting Victim and Domestic Violence"},"content":{"rendered":"\n
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The Recanting Victim and Domestic Violence<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Domestic violence involves people in personal relationships. As a result prosecution of these crimes can be complicated, given the nature of the relationship. Some survivors recant their statement in an effort to get the charges dropped. However, recanting alone is often insufficient to get the charges dropped.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Victims of domestic violence may be reluctant to see a loved one so close to them get punished. When that happens, victims may stop cooperating with police and prosecutors. They may go so far as to recant their statements about the attacks.<\/p>\r\n

In this article, we will use the terms "victim" and the word "survivor" interchangeably. Read on to learn more about recanting victims and domestic violence.<\/p>\r\n

What Does "Recanting" Mean?<\/h2>\r\n

The state uses a victim’s statements to the police about domestic violence to charge the abuser with crimes. Those statements then become evidence for the prosecution. If the victim later changes their story or takes back the statement altogether, it’s known as recanting<\/a>. This can happen at any time during the case, including at trial. Recanting often occurs after the incident and before trial in an attempt to get the charges against the abuser dropped.<\/p>\r\n

Why Do Victims Recant?<\/h2>\r\n

There’s no universal reason survivors of domestic abuse recant statements. The close relationship between the abuser and the survivor usually plays a big role. In some situations, it’s the fear of future violence if the victim cooperates with the prosecution. Sometimes this fear also occurs because a survivor worries about how the abuser will behave after spending time in jail. A victim’s fear may increase when they know that the state cannot always protect them. Local police lack the resources to ensure survivors are protected when their attackers are released.<\/p>\r\n

Survivors may also face external pressure to recant. An abusive spouse may be the sole financial support for the household. Victims may fear they cannot feed their children if they leave. Pursuing the criminal case will mean living on their own or finding new housing. Recanting survivors may conclude that enduring the abuse is less harmful than housing instability.<\/p>\r\n

Surprisingly, some survivors recant out of a sense of guilt. This is usually prompted when an intimate partner abuser claims to be a "victim" of the criminal justice system. A study of jailhouse conversations<\/a> between abusers and victims identified a common pattern. At first, the offender would minimize the domestic violence incident. Later, the offender would appeal to the victim for sympathy. Finally, the offender would request that the victim recant, often so that they could be together again.<\/p>\r\n

In some cases, the parties’ history of domestic violence suggests that a victim may be experiencing Battered Woman Syndrome<\/a> or BWS (also referred to as Battered Person’s Syndrome).<\/p>\r\n

Many states first recognized BWS as a criminal defense. For example, the defense is found in the Ohio Revised Code<\/a> in Ohio. Under the defense, a person who faces criminal charges for a violent offense claims they suffer from BWS. They claim BWS demonstrates that they believed danger was imminent and they needed to defend themselves with force. The criminal defense attorney will seek expert testimony on BWS in such a case. The expert must have education or experience relevant to intimate partner domestic violence. The defense of BWS can mitigate the consequences for a battered woman who harmed an abuser.<\/p>\r\n

Since the early 2000s, many courts have allowed BWS expert testimony in a prosecutor’s case<\/a> under certain circumstances. Such testimony may explain a victim’s behavior when the defense has challenged the victim’s credibility. This includes situations where the victim recants her original statement. The expert does not testify on the specific facts of the case. Instead, the expert testifies on the general behavior unique to survivors of domestic violence. The jury must weigh and determine whether the testimony helps explain the victim’s behavior in the case. Cases involving domestic violence crimes may vary from state to state. Seek legal advice to clarify the use of BWS testimony in your area.<\/p>\r\n

Moving Forward Without the Recanting Survivor’s Cooperation<\/h2>\r\n

Just because a survivor no longer wishes to cooperate doesn’t mean the case will be dropped. A criminal case is not like a private lawsuit between two parties. Criminal cases<\/a> like domestic violence follow a different legal process. They are handled by a prosecutor’s or district attorney’s office. Therefore, the prosecutor will decide if the case goes forward. The prosecutor will assess the recanted statements of the survivor along with all the other evidence in the case. The prosecutor may pursue the case based on the strength of all the evidence taken together. Other evidence of the crime might include:<\/p>\r\n