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Laws on Recording Domestic Violence?

Discussion in 'Serious' started by Darkwisdom, 10 May 2016.

  1. Darkwisdom

    Darkwisdom Level 99 Retro Nerd

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    Basically I have a friend who lives next to a man who physically and mentally abuses his fiancee. She wants to inform the police, but they have no proof and the victim is too scared to admit it so she lies and says everything is fine.

    She mentioned recording the argument, where she could physically hear her being beaten. She has no ideas on the rules in the UK about using this as evidence. I know privacy laws are different from the US, but can this be taken to the police as evidence? Or would it be thrown out?
     
  2. Nexxo

    Nexxo Queue Jumper

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    Even if your friend makes a successful and unambiguous recording, the police can do nothing unless the victim presses charges. Ball is in the battered wife's court, I'm afraid.
     
  3. Darkwisdom

    Darkwisdom Level 99 Retro Nerd

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    I was afraid of that. She's obviously terrified enough that she won't go to the police. Isn't there anything the police can do, in the name of justice?
     
  4. Nexxo

    Nexxo Queue Jumper

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    No, because these things can come back to bite them in the ass. It is not uncommon for the abused spouse to turn on the police in defence of their abusing spouse.

    Like we psychologists say: "It's complicated".

    This is not to suggest that battered wife has no reasons to be scared. Even if she does press charges successfully, it is highly unlikely that her abusing spouse will be kept in custody until the trial, which could be months away. During this time he can terrorise her at leisure --which his lack of boundaries and impulse control seem to suggest he might. This is the country where 100 women are killed by their current or ex-partner every year. This society is not good at looking after its vulnerable.

    The only way the wife can feel safe to press charges, really, is if she has somewhere safe to go where psycho hubby can't find her, or risks experiencing the eager ministrations of men bigger and more capable of violence than him. Unfortunately that is the language abusers of that type understand.
     
    Last edited: 10 May 2016
  5. goldstar0011

    goldstar0011 Well-Known Member

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    Next big argument your friend should do an anonymous 999 call saying it's getting violent, police should attend and hopefully help her see what she needs to do.
     
  6. Nexxo

    Nexxo Queue Jumper

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    Hopefully, but I thinks she already knows.

    However the friend can do this repeatedly, so that the couple gets a track record, so to speak. If one day she does feel brave enough to press charges there will be a lot of corroborating evidence in the police records.
     
  7. Fishlock

    Fishlock .o0o.

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    The Police can charge, and often do successfully convict, domestic violence abusers without the victim 'pressing charges'. It's called a victimless prosecution.

    Simply, your friend calls the Police and we can take a statement from them. We then visit the victim and see what we can evidence there (obvious injuries, damaged property, controlling behaviour). It's then our decision to arrest, even if she is telling us not to. Yes the victim sometimes 'turns on us' but that's something we are well versed in dealing with. Don't forget that we wear video cameras now so a very clear picture can be painted come a Court hearing. We have a ton of specialist teams that would intervene whilst he is in custody to facilitate her getting out of the address and to somewhere safe, be that family, friends or a refuge. They then help with future arrangements, seeking restraining orders, and so on. At the moment CPS and the Court's are too afraid to say no when it comes to things like this and when they see the camera footage of what is going on in that house they'll look to convict.

    This is actually very important. One of the big things we and the Court look at is their 'previous', and it will go a long way towards convicting. A concerned neighbour of good character wouldn't keep ringing the Police for no reason.
     
    Last edited: 12 May 2016
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  8. forum_user

    forum_user forum_title

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    Another bonus for calling the police is if the guy is an aggresive moron and starts getting arsey with the police - the knock on effect hopefully being frog marched down to the station and being booked.

    Plus the woman takes out a restraining order while he is gone. If its his house, she needs to get out asap.

    Worth noting that until the narcistist finds another victim she may suffer his attention for a long time.
     
  9. Nexxo

    Nexxo Queue Jumper

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    I was not aware of that. Useful to know! :thumb:
     

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