Duties of prosecutors

Legislation should clearly state that prosecutors are required to pursue domestic violence cases regardless of the level of injury or evidence. See Model Strategies and Practical Measures on the Elimination of Violence Against Women in the Field of Crime Prevention and Criminal Justice (2011) (at Annex) 15(b), which states that primary responsibility for initiating prosecution rests with prosecution authorities and not with complainants/survivors of domestic violence.

Drafters should require that crimes involving domestic violence are not treated less seriously than other crimes. See Law of Georgia, Ch. V. Art. 6.

For example, in the law of Austria, prosecution is exercised at all levels of injury in cases of violence. See also Handbook, Ch. 3.8.2.)

By holding violent offenders accountable, prosecutors communicate to the community that domestic violence will not be tolerated.

Legislation should require prosecutors to ensure that all available evidence has been collected by the police investigating body, including witness statements and photographs of injuries and the scene of the crime. By relying primarily on the evidence collected by the police rather than the victim’s testimony, prosecutors may be able to reduce the risk of retaliation by an abuser and increase the likelihood of a successful prosecution.

Legislation should mandate that prosecutors investigate the level of risk to domestic violence victims in each case of domestic violence. Other agencies of the criminal justice system, including police and judges, should also assess the level of risk to victims. See Lethality or risk assessments below in Criminal Law Provisions and in Duties of police and Duties of judiciary.

See Role of Prosecutors; and Prosecutorial Reform Efforts, StopVAW; and CPS Policy for Prosecuting Cases of Domestic Violence, UK (March 2009).

Example: the Law of Spain creates the position of “Public Prosecutor for cases of Violence against Women,” who must supervise, coordinate, and report on matters and prosecutions in the Violence against Women Courts. Article 70. The legislation also requires prosecutors to notify the complainant/survivor of the release of a violent offender from jail and requires prosecutors who dismiss cases of violence against women to tell the complainant/survivor why the case was dismissed.

Legislation should require that prosecutors keep complainants/survivors informed of the progress of legal proceedings and their rights therein, including all of the court support systems in place to protect them.

Pro-prosecution policy

Legislation should include a pro-prosecution policy in cases where there is probable cause that domestic violence occurred. This will ensure that the violence is treated seriously by prosecutors. (See: UN Handbook, 3.8.3)

Absent victim prosecution

Legislation should provide for prosecution of appropriate cases even when the complainant/survivor is unable or unwilling to testify. This approach provides for the safety of the complainant/survivor while offering the support of the criminal justice system. (See: UN Handbook, 3.9.5.) Legislation should require prosecutors to consider all evidence in a case that might support or corroborate the statement of the complainant/survivor, including evidence of a history of abuse.