Systemic Obstacles to the Criminal Prosecution of a Battering Partner

Abstract

It is well known in the criminal justice community that victims often wish to drop charges against their abusers, even after initially expressing enthusiasm about going forward. Despite the prevalence of no-drop prosecution policies, victim reluctance is important to understand because it is often the biggest obstacle to successful prosecution and because it implies that there are ways in which the court is not meeting victims' needs. There has been minimal research exploring victims' reasons for following through with pressing charges or asking that charges be dropped. This article presents one perspective: that of victims who have entered the process of pressing criminal charges against an intimate partner. Drawing on qualitative interviews and experience working with victims involved in the court system, the authors present several themes that reflect victims' experience. Implications for intervention and future research are discussed.