Spouse-Battering Case Arrests

In response to “Battered Women Need Better,” Commentary, Jan. 28: Linda G. Mills brings up some valid and interesting points in her article on domestic violence. However, as someone who investigates domestic violence crimes, I must take issue with her proposal of letting the victim decide if and when to press charges. That proposal is both shortsighted and regressive. Law enforcement and prosecutors previously left the decision-making in the hands of the battered spouse. And, more often than not, the victim would choose to do nothing. Repeatedly. Until, finally, that same victim ended up severely beaten or dead. At which point society would turn to law enforcement officials, who were only abiding by the victim’s wishes, and shout, “You let this happen! Her blood is on your hands!”

We know that domestic violence incidents are vastly underreported. We cannot go door to door and ask “Is there a batterer in the house?” But those victims who do come to our attention need our help, whether they want it or not. A lack of cooperation from the victim does not negate the crime. By letting the abuser go, we send the message that his behavior is acceptable. It is not. We must make that message clear, even without the victim’s cooperation.

Mills also exaggerates the impact of mandatory arrest and prosecution laws. Not every batterer does hard time. Most domestic violence incidents are handled through mediation or misdemeanor court. Only the most serious incidents or repeat offenders receive felony charges. If a felony spousal abuse charge is filed, then it is well deserved and will be strongly prosecuted.

Does this stance make the situation worse when the abuser returns home? Yes and no. As Mills pointed out, many women cannot or will not leave for a variety of reasons. Certainly many women do get beaten again and again. Some learn not to call the police because they know it will make the situation worse. However, some abusers learn their behavior is wrong and make appropriate changes. Others fear returning to jail and change for that reason. And, some women take that window of opportunity and get out. We must continue to offer that window of opportunity.

Our system is not perfect, but it is improving. To go back to letting the victim decide would be regressing when we need progress. Mills’ recommendation of documentation until the victim is ready to take action is tantamount to police-sanctioned criminal activity. We cannot turn away from someone clearly in need of help. That would be a crime itself.

INGRID E. BRAUN

West Valley Detectives, LAPD