Statements made by an alleged victim can have a major impact on the outcome of a criminal case. In many scenarios where the state pursues charges related to assault and other forms of violence, the victim affected by the incident is a key source of evidence if the case goes to trial. They talk about what happened and how it affected them.
Their testimony can help convince the courts that a crime occurred and can influence the severity of the punishment imposed. However, prosecutors in South Carolina and elsewhere often have a difficult time securing the ongoing support of the people affected by domestic violence. Victims may reconcile with the defendant or recant their statements. This has led to low domestic violence prosecution and conviction rates in many jurisdictions.
In many cases, prosecutors initiate victimless prosecution as a means of avoiding a scenario in which a victim’s refusal to testify or decision to recant an earlier statement undermines a criminal case.
Prosecutors focus on evidence
Victimless prosecution is also sometimes known as evidence-based prosecution. State authorities only bring domestic violence charges in cases where they have objective evidence backing the claims they make against the defendant. That evidence could include documentation of physical injuries sustained by the other person involved in the incident. Police officers’ testimony about what they witnessed when responding to a call can also play a role in the state’s case.
A history of reports filed by neighbors or other members of the community could help show that there is a pattern of concerning altercations between the parties. Any of these types of evidence could benefit the state in a victimless prosecution scenario.
Defendants still have options
What may look like very strong evidence initially may be circumstantial at best. Those accused of domestic violence and facing evidence-based charges can potentially fight back and avoid a life-altering criminal conviction for a violent offense. They may need help reviewing the evidence that the state intends to present and developing a strategy to counter that evidence at trial or prevent its inclusion during criminal proceedings.
Having support when navigating domestic violence criminal cases can be beneficial for those who hope to avoid a serious criminal conviction. Relying on an alleged victim to recant or withdraw charges may not work, but there may be other defense strategies available.