Recanting victims and the special issues that they raise in a California domestic violence stalking case

In California, an individual who commits a crime against his or her intimate partner will face the charge as a domestic violence crime. Intimate partners are heterosexual or homosexual partners and include persons who are married, divorced, dating, formerly dating, living together and persons who have children together. If an individual maliciously follows or harasses and threatens his or her intimate partner, he or she will likely be charged with stalking as a domestic abuse crime.

Stalking necessarily involves a victim who was the target of the stalking. When that victim originally calls the police or files a police report against the intimate partner who has been stalking him or her and then later changes or takes back his or her original allegations, he or she becomes what is known as a "recanting victim." A recanting victim poses special challenges for a criminal defense lawyer because that victim can ultimately be devastating to the defense, even if he or she is genuinely trying to help. This is because a prosecutor is allowed a great deal of leeway when a victim recants and will usually be permitted to introduce evidence that may otherwise have been inadmissible if the victim had simply maintained his or her original allegations.

Recanting victims are common in intimate partner abuse trials because of the intense, volatile relationship that is defined by domestic violence. Very often, a victim may falsely accuse his or her intimate partner of stalking out of anger, jealousy or revenge or to simply gain control over his or her partner. Other times, a victim may have been threatened by his or her intimate partner into recanting his or her accusation, which is a crime in and of itself, known as witness intimidation. Sometimes a victim may get back together with his or her intimate partner after criminal charges were filed and then may feel badly that he or she accused his or her intimate partner of a crime. In an effort to help his or her partner, that victim will recant his or her original allegation, thinking that if he or she either refuses to cooperate with the police or prosecuting agency, that the charges will have to be dropped. This is simply not the case, as prosecutors actually anticipate that D.V. victims will recant and know how to proceed under this type of situation.

Recanting victims in an intimate partner violence stalking trial can be a gift to the prosecutor. Along with a host of other privileges, it allows the prosecutor to tell the jury what the victim originally told the police, either through the investigating officer or by playing a recording of the original 911 call placed by that victim. A recanting victim will also usually mean that the prosecutor will hire an expert witness to testify that the victim has recanted because of the abuse that he or she might receive from his or her intimate partner if he or she didn't recant. It further encourages the expert to testify about the "cycle of abuse" and that the individual likely suffers from "battered person's syndrome" which is the reason why he or she has changed his or her story.

If a stalking victim personally chooses to take back or deny his or her original allegations, for any reason, on his or her own free will, it is best for both partners to consult with an attorney who is experienced in California's domestic violence laws and on the consequences that a recanting victim invites. The skilled attorneys at the Kavinoky Law Firm will take the time to sit down with both partners in an effort to devise the best defense strategy available. They will help both parties understand how a recanting victim may actually hurt the defendant and will advise that person on how to proceed in an effort to right a wrong. Click here for a free consultation and for the best representation.