Question about domestic abuse laws

[BertieBotts]

Why is it only the partner who can report and/or press charges? If someone else was to report DV or sexual abuse surely it would be helpful if the abuser could be removed from the house, it would give the victim space to be themselves and freedom to experience life without the abuse, even if they felt too ground down or too sympathetic to their abuser to want to press charges.

I'm guessing that I'm massively simplifying this and there are good reasons for this being the case. I'd be interested to know what others thought.

I so wish this were the case Bertie.

Anyone can make a.report and third party reports are encouraged and very welcome. However it tends to only be the victim ie the abused partner who can provide enough evidence of a criminal offence to justify an arrest, never mind a charge.

content.met.police.uk/Campaign/domesticviolence2011

When reporting suspected dv or abuse of any kind there's no guarantee that the victim will confirm that the allegations are founded in fact.

Abuse is rarely witnessed by anyone other than the perpetrator and the victim, but if a third party witnesses abuse and is prepared to give evidence in a Court of Law charges can be brought regardless of the victim's wishes

Ah I see, so it's only if you've witnessed it directly?

I guess it could be quite dangerous if the victim isnt quite at the point of accepting that it is abuse, or is scared of the repercussions, especially given the fact that they can be so worn down and have the abuse so 'normalised' that they feel powerless. Unless someone has made the steps to get away, i would feel that they would be at great risk of going back, and the abuse could become much worse, as it would undoubtably be the victims 'fault' or they could become more isolated. Sadly you cant force someone to leave before they are ready - its like addiction, until they decide they want to do it, they run the risk of going back for more.
I would imagine that, unless evidence was very great and they actually got prosecuted/imprisoned, they would likely manipulate the facts to their advantage and it would play perfectly into their 'the world against me' mentality. I know my ex was arrested for ABH, but persuaded his gf to drop the charges. to this day he would never accept that he was violent or abusive. She wasnt at the point, and she went back. The mental bind hadnt been broken, so it wouldnt really matter who said what, or did what, until the victim is able to see it for what it is herself (or himself!) and sever that attachment, nothing anyone else can do will be effective.
The only thing I am guessing would be that it may make her accept that it is abuse and start the detatchment process, but it is unlikely that she would get any rest or peace from him, as only she could take out orders to keep him away, not a 3rd party, as she is an adult. I assume though that there could be bail conditions set which would prevent him going to her. however I am not sure that a forced seperation would ensure that she would not contact him, as she has been programmed not to be able to function without him telling her what to do, and she may be left very vulnerable. I remember a thread on here where the woman had been so controlled that she found it very hard to know how to function on a day to day level, and that was in a situation where SHE wanted out and had called the police to have him removed. It would be 100x harder if that decision had been made over her head, and she may fall back into the role of defending him, which was probably her default setting to protect herself from her assumed shame of his behaviour.
Until the law recognises the damage that these people do psychologically, and the mindset that their victims are in due to the abuse, it is not set up to protect the victims from their abusers.

That makes sense, NettleTea.

:(

But if the police are called out to a dispute and find either party has been physically harmed by the other, they now have to prosecute the perpetrator, regardless of what the victim says. It's now a crime against society.

It's the law here, now.

This is from the Women's Aid website:

"In certain circumstances (for example, if you have been intimidated) your statement can be used as evidence without your being called to court. If you do decide to withdraw your statement, your wishes will be taken into account, but the final decision about prosecution will be taken by the CPS in conjunction with the police. They may decide that the 'public interest' supports going ahead with the case, despite your wishes."

Yes imperial is exactly right but as I said the victim is usually the only one who witnessed the offence, a third party cannot normally provide enough evidence for a conviction, but can often provide useful supporting evidence. DV crimes still need to be proven beyond reasonable doubt, as difficult as it can be for a victim not ready or able to leave.

potentially, could a thread on this board, which details the abuse on a day to day level, be used by a 3rd party as evidence to approach the police with?
In a purely hypothetical way of course, as I wouldnt be too sure of the ethics.......

What 'third party' were you thinking of Nettle?

A third party who knows the perpetrator and the victim in real life, or a third party who reads an alleged account of dv on this or any other internet site?