Absolutely. What’s lost in many of these comments is that, even with victim cooperation, these cases are extremely tough to prosecute. Many folks here seem to assume that having evidence = winning a conviction. Even when the stars align, and I have a cooperative victim, documented injuries, thorough investigating…

I respect that our experiences are different. I work in a major metropolitan jurisdiction that confronts complex cases on a regular basis. We regularly call strangulation experts and make ample use of forensic examinations where victims have cooperated with them. And I’m not here to get into semantics about…

Oh, certainly. I’m in a jurisdiction that takes these cases very seriously - as all jurisdictions should - and if we can prosecute without a victim’s cooperation, we absolutely will. And you are correct - an officer can testify as to his or her observations. If they hear a raspy voice, I can ask them about that. If…

That’s not accurate, at least in my jurisdiction. Victim retaliation cases are pretty rare, and they usually involve threats to economic security or child custody (I’ll take your kids and you’ll never see us again; or, I’ll tell CPS you do coke and they’ll take your kids). Not that those aren’t significant threats or…

I’m really sorry you had that experience. Having prosecuted cases with children as victims, I can tell you that nothing gives me more heartache than having a child (or adult victim, for that matter) have to testify, often mere feet from their abuser. And this judge certainly made the wrong call. And you are absolutely…

It depends on the jurisdiction. In mine, if I can prove the strangulation, that’s several years of mandatory prison. Generally though, depending on the circumstances, cases are more likely pleaded to probation with mandatory domestic violence counseling. Which, yes, isn’t a guaranteed net positive, but supervision in…

Generally not, at least with respect to “dropping charges.” In my jurisdiction, at least, I bring the charges - the victim’s wishes certainly inform my decision, but the victim doesn’t get to unilaterally decide. I take great care to explain to victims when I first meet them, that while their input is important, what…

That’s just generally untrue. I don’t know what you mean by “I’ve worked in prosecution,” and frankly I don’t know what you mean by “evidence-based prosecution,” but as I’ve explained elsewhere in these comments, it is “nearly impossible” to prosecute without the victim’s cooperation, for a host of reasons - many…

Also, my good samaritan witness has to be able to make a good ID of the defendant, who perhaps he/she’s seen only fleetingly, and be able to make that ID two years later by the time we go to trial. Eyewitness ID is fraught with problems in any event.

No, the situation you describe is prosecutable - it’s just rare. First, someone has to witness the assault on you, and while that happens, some types of crimes (domestic violence, sex assault) most often happen behind closed doors. Also, particularly with vulnerable victims (sex workers, etc.), even when there are…

Oh, I completely agree on that count. The judge, as frustrated as she may have been, should have tempered her statements with empathy. She should also have picked an alternative to jail, and only then after the woman had an opportunity to consult counsel, if in fact she wasn’t afforded that opportunity.

I appreciate that. It’s a job with relatively little thanks. Sometimes, dismissing the charges is the better part of valor - my highest priority is always the continual safety of the victim, as much as I can influence that outcome - but I hope folks understand the constraints we work under and that these decisions are…

Responses like yours are frustrating, and there are several similar ones in these comments, so this reply isn’t directed at you personally. But as a felony prosecutor who’s prosecuted many domestic violence cases, no, prosecutors don’t “regularly” get convictions without victim testimony. “Carefully” documenting…

I’m interested in what you refer to as “evidence-based” prosecution. As I wrote up-thread, domestic violence is very often a private crime, with the victim as the only witness, and perhaps her children. A victim’s testimony identifying her abuser as the perpetrator of her injuries, whether mental or physical, is often…

Here’s the thing. I’m a felony prosecutor. I’m a feminist. I’m often conflicted. I’ve prosecuted hundreds of domestic violence felonies and taken many to trial. To clear up some misconceptions in the comments: In my jurisdiction, at least, victims do not “press charges.” Whether to proceed with a prosecution or…