Domestic abuse is a serious issue affecting many households in Canada. While commonly associated with physical violence, it also includes emotional manipulation, financial control and psychological abuse.
Despite how widespread domestic abuse is, it can be very difficult to prove in court. This can lead to significant challenges for both the accuser and the accused. Here we’ll explore what those challenges are and what makes domestic abuse hard to prove.
The Private Nature of Domestic Abuse
One of the most obvious challenges of domestic abuse is where these incidents usually occur. They often happen in private homes, behind closed doors, and crucially, away from any witnesses. This usually results in a lack of significant evidence.
It often means that it turns into a “my word against theirs” situation. This is where the court has little more to go on than the testimony of the parties involved. Some cases will have additional evidence, but many others do not.
When the prosecution needs to prove a case beyond reasonable doubt, defence lawyers will argue this threshold is impossible without concrete evidence. This is especially true if the accused’s character and credibility stand up to scrutiny during examination.
Related Article: https://www.agpllp.ca/how-does-my-word-against-theirs-work-in-assault-cases/
Delayed Reporting and Inconsistent Testimonies
Many victims of domestic abuse will delay the reporting of their experiences to the authorities. There can be many reasons for this such as fear of retaliation, hope the abuser will change, financial dependency, and much more.
These delays, while often understandable, can be hugely damaging in trying to secure a conviction. During this time evidence can be lost, injuries can heal, witness testimonies become more vague, and digital evidence can be deleted.
A defence attorney will use this time difference to pick holes in the case. Any inconsistencies in testimony can cast doubt on the credibility on the case. Again, this makes the threshold of reasonable doubt more likely.
Psychological and Emotional Abuse
Domestic abuse doesn’t need to include physical abuse. Emotional forms of abuse can involve verbal threats, manipulation, and isolation. These behaviours can be devastating to an individual but are much harder to present as evidence.
The defence can argue that what one person views as manipulation or emotional control, another may see as normal marital conflict or miscommunication. Without digital evidence to document this abuse, it becomes difficult to establish a pattern of behaviour.
The Complexity of Trauma Responses
People who have experienced extreme trauma often don’t react how someone without trauma may expect them to. A classic example of this is survivors returning to their abusers multiple times before finally seeking help.
Sadly, accusers with false claims can also use this as a reason for their lack of consistency and credibility. Defence lawyers can use these behaviours to cast doubt on the victim’s claims and argue that it’s evidence of a lack of abuse and unreliable evidence.
Doubt Over Physical Evidence
We mentioned that delays in reporting and the private nature of these crimes can lead to a lack of bodily evidence. Even when there is the likes of bruises and cuts, these can be attributed to accidents, self-harm, or consensual activities, such as rough sex.
In these cases such as this, physical evidence doesn’t always prove abuse. Even if inflicted by the accused, there can be other defences such as self-defence. It can be extremely difficult to have clear and irrefutable evidence linking the accused to the injuries.
Societal and Cultural Factors
There can be a stigma attached to domestic abuse and a reluctance for many victims to come forward. This can be used to fear of recrimination or a fear that their personal lives are going to be talked about extensively in court.
There can be also times when the victim no longer wants to be a part of the legal process. In Canada, only the police can decide to press charges so the case can still go ahead, but this presents extra challenges to the prosecution.
Related Article: https://www.agpllp.ca/what-happens-when-you-press-charges-for-domestic-abuse-in-canada/
The Importance of Legal Representation
Given the many challenges associated with domestic abuse cases, it’s essential for all parties to have experienced legal representation. Domestic assault defence lawyers will ensure the rights of the accused are protected and they receive a fair trial.
A defence lawyer will also use any flaws in the case to cast doubt over the credibility and the validity of any evidence submitted. There are many ways to make the prosecution’s case seem weak and unable to meet the threshold of reasonable doubt.
Final Thoughts
Domestic abuse cases present unique challenges for all parties. For both the prosecution and the defence, the lack of reliable evidence can make it difficult to prove, or disprove, guilt. This is why experience legal representation is vital.
Defence lawyers play a key role in ensuring the accused’s voice is heard in a world where many presume guilt upon accusations. If you are in need of a solid legal defence, then contact AGP LLP today, and we’ll be happy to offer you a free consultation.
