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Recanting Victims Don't Stop Domestic Violence Prosecutions

By Neil Shous, Esq.

California domestic violence laws make it illegal to use violent force (or threats of bodily harm) against an intimate partner. An intimate partner is usually defined as a current or former fiancé, spouse, cohabitant, boyfriend, girlfriend or the parent of your child. Following a domestic violence arrest, it's not uncommon for the alleged victim to "recant." For example, suppose neighbors call the police to report that Tom and Sue are in a heated argument. The cops come. Sue has redness on her cheek and tells the officers that Tom had slapped her. Tom gets arrested for domestic battery. A week later, Sue goes to the police station and changes her story. "I made the whole thing up. Tom never slapped me. I got that swollen cheek when I fell...continue to full post

Full post as published by California Criminal Defense Blog on September 11, 2009 (boomark / email).