Relatively few officers are arrested for domestic violence, and only a small percentage of those are prosecuted.
You may believe that if the state holds your abuser accountable for his violence, he will stop abusing you. Or, you may believe that prosecution would increase your danger. Whether or not the state presses charges is not your decision.
The prosecutor (state's attorney) has the discretion to determine which cases the state prosecutes. You may be asked whether you want them to pursue charges, but they are under no obligation [personal account] to honor your wishes.
The state's attorney weighs many factors when deciding whether to pursue prosecution. The fact that your abuser is a police officer is significant. Some prosecutors avoid cases involving police officers, others vigorously pursue them.
Prosecutors may decide not to pursue a case against an officer because they work closely with the police. Prosecutors and police officers often have close personal and professional relationships. Prosecutors rely on the police to investigate, collect evidence, and prepare reports in every case the state pursues. Prosecuting a police officer runs the risk of alienating the police department.
The prosecutor may face political pressure to avoid the case, especially if there is little public support for prosecution. S/he may also not want to risk of losing campaign endorsements or clash with the mayor.
Responding and investigating officers may be reluctant to actively help the prosecution — or may deliberately obstruct it.
Judges and juries often resist finding officers guilty of domestic violence even with strong evidence, such as medical documentation and photographs of injuries, 911 tapes and police reports.
To win a conviction, the state has to be able to prove guilt beyond a reasonable doubt. It can be difficult to meet this standard in a case involving a police officer.
A prosecutor might choose to proceed if there is enough strong evidence and if there is a high risk to the community. If the case has received media attention, the prosecutor may be pressured by the public to hold the officer accountable.
Your role in prosecution is to be a witness for the state. The state's attorney may worry that you will be intimidated or forced to recant your statement.
In order to avoid having to rely on your voluntary testimony, they will want to have enough evidence to proceed without your cooperation. This is called evidence-based prosecution. The prosecutor can coerce you into testifying via subpoenas and threats of jail for refusing to cooperate, with little regard for your safety and well-being.
Victims relay their common experiences:
Many people may be trying to influence your decision whether to cooperate with the state by giving a statement and testifying against your abuser in court. It may be difficult for you to know whose advice to follow and who to trust.
If you are involved — willingly or not — in your abuser's prosecution, consider calling an advocate from a local domestic violence agency or Diane Wetendorf for consultation on your case.
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