What to Say When Reporting Spousal Abuse

What to Say When Reporting Spousal Abuse
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Though spousal abuse is not limited to women, approximately 4.8 million women suffer physical assaults or rapes at the hands of their intimate partner every year, according to the Centers for Disease Control and Prevention. Spousal abuse is an inclusive term that covers a lot of behaviors, some of which are criminal and some of which are not. Physical violence and threats, for example, are illegal acts while emotional abuse that is not threatening or violent is not illegal, even though it is considered abusive behavior.

Features

When reporting any suspected crime, you should always say what you believe is true. Details like what happened, when it happened, where it happened and who was there are vital, but other information can help police in their investigation. Tell the police, for example, if there were any witnesses present, if such behaviors happened before, and if your spouse has any history of violence. The police will ask you questions, and though you are under no duty to answer any of them, you can tell them anything you wish.

Effects

What you say when you report spousal abuse can have far-reaching consequences. If you report the abuse to law enforcement, your statements can be used in a criminal prosecution as the basis for the state's charges against the abuser or anyone else involved. The police can also use what you say to get a search or arrest warrant, depending on the allegations you make.

Misconceptions

Many people believe that you can tell the police you want a person arrested or charged with a crime and they must comply. This is generally not the case. While your testimony can serve as the basis for an arrest, you cannot force the police to take specific actions. The state might take your wishes into account when deciding whether to arrest or prosecute someone, but there is no guarantee that they will. It is their decision to make, not yours.

Considerations

What you say to the police can lead to a variety of outcomes. Any time you talk to the police you run the risk of exposing yourself to criminal prosecution. The police can use your own words against you in court, even if you tell only the truth. For example, if you tell the police that you and your spouse got into a fight, that he hit you and that you broke his possessions, you may expose yourself to criminal charges by admitting to destruction of property.

Warning

Domestic violence laws and the criminal justice system are often complicated. It is often a wise idea to seek out a qualified attorney if you need legal advice about your specific situation. The laws of each state differ, sometimes significantly, and only an experienced attorney can advise you on the law and offer you advice about your case.

References

Article reviewed by Alva Dane Last updated on: Aug 22, 2010

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