Battered Women

Except for the fact that the alleged assailant is a judge, the pattern of the case is depressingly familiar to us at Battered Women’s Services as well as to prosecutors. Anna Monica Garcia made a citizen’s arrest for battery, made a sworn declaration as to Joseph K. Davis’ violent acts under penalty of perjury to obtain a restraining order, but now has reportedly “recanted” her story and is again living with him. She has declined to sign a formal complaint.

There are many reasons why a battered woman may return to her violent partner: out of fear, economic necessity, a sense of powerlessness, in love and hope that this time, the promises are true, and that he will never do it again. Most often, the violence is real, but the battered woman goes back anyway.

In past years, the legal system felt no further responsibility for her, and prosecution would be halted. Recently, the city attorney’s office has shown a commendable willingness to see a violation of state law as an offense against the state, not only against the victim, and has been proceeding without the cooperation of the complaining witness in certain cases.

We have been aware of this policy for some time and believe it to be reasonable and just.

It is not a new strategy and is no indication of special bias against Judge Davis. We applaud the city attorney’s fair and diligent prosecution of spouse abusers.

ELLY NEWMAN

Coordinator, Legal Support Services

YWCA/Battered Women’s Services