As domestic violence has gained recognition as a specialized social and legal problem, arrest has become the preferred police response to domestic assaults across the United States. This approach has led to an unfortunate development - frequent arrest of both parties involved in a domestic altercation or, even worse, arrests of women only, despite the fact that men commit crimes against women in 92% of all domestic violence incidents (Violence Against Women, Bureau of Justice Statistics, U.S. Department of Justice, January, 1994).
Inappropriate arrests can have serious consequences for victims of domestic violence, including:
- Lost wages, attorney’s fees and other costs
- Possible ineligibility for certain legal-aid services
- Increased likelihood of losing custody of children
- Greater reluctance to call police
This last point resonates particularly strongly with Mark Wynn, a former Nashville, Tennessee police lieutenant and an internationally recognized authority on domestic violence.
“Offenders often tell victims of domestic violence that the legal system doesn’t work,” Wynn says. “It’s law enforcement’s job to reinforce the fact that victims have options. In fact, in many cases, we’re a victim’s only option.”
Inappropriate arrest of victims also harms children affected by domestic violence, notes Wynn.
“When kids see the abused parent arrested along with the offender, it’s easy for them to think of the police as ‘the bad guys,’” he says. “In contrast, when officers arrest only the offender, they help build trust among kids who are already traumatized by domestic violence. That feeling of trust can give kids the courage they need to call the police the next time they witness or experience domestic abuse.”
To avoid further victimizing victims through inappropriate arrest, Wynn believes that officers need to know how to respond effectively to incidents of domestic violence.
“The golden hour”
During training sessions for law enforcement officers, Wynn stresses the importance of “the golden hour,” the first hour of a domestic violence investigation.
“If we handle this first hour appropriately, we can make a life or death difference in a victim’s future,” he says.
One of the most critical things officers can do, he notes, is accurately identify and arrest the “primary,” or “dominant,” aggressor - a process that involves determining which party, if any, used violence more significantly during an incident, rather than which party used violence first.
To make this vital determination, Wynn believes that officers should follow these key steps:
- Place an incident in context
- Study both parties’ behavior
- Examine both parties’ injuries
- Photograph injuries
Establish a context
Because domestic violence is a “course of conduct crime,” according to Wynn, it’s essential for responding officers to place a violent incident in the larger context of the parties’ relationship. Wynn suggests that officers ask each party the following questions:
- “Have you ever been coerced, threatened or hurt?”
- “Have you ever been sexually abused?”
- “Have your children ever been used against you?”
“Offenders typically don’t want to talk about the history of a relationship, and will try to keep an officer focused on what happened at the moment,” notes Wynn. “Victims, on the other hand, might be willing to talk about their history.”
Offenders are also generally reluctant to share details about an incident, observes Wynn, preferring to use vague, generalized comments, such as “she provoked me.”
Study behavior
“Police officers are trained observers of human behavior,” says Wynn. “It’s a skill they acquire from interacting with people who are in crisis.”
Studying the behavior of the parties involved in a domestic incident can help officers distinguish victims from primary aggressors. Wynn offers the following tips to officers:
- Be on the lookout for fear. Since people may express fear in many different ways, it’s important to realize that a person who does not want to press charges, or asks that an offender be given an opportunity to calm down, may actually be acting out of fear.
- Understand that offenders will use the same “power and control” behaviors they use against victims against investigating officers. “Red flag” behaviors include:
- Minimization, such as saying “it’s not all that bad,” or “nothing happened, it’s all in her (his) head.”
- Isolation, such as refusing entry to officers, telling family members to hide or sending family members to a neighbor’s house.
- Intimidation, such as refusing to sit still, following an officer from room to room, displaying aggressive body language or making statements such as “you can’t come in my house.”
- Threats, such as telling an officer “I’ll have your badge.” Since threats allow an offender to keep an officer focused on his or her personal safety, rather than on investigating the domestic incident, it’s vital that officers continue their investigation once they ensure their own safety.
Examine injuries
“Police officers are experts in close-quarter combat,” notes Wynn. “We understand how people get injured, and know that the use of force always has to be justified. Officers need to utilize this expertise as they investigate domestic violence incidents.”
To assess a domestic assault appropriately, Wynn suggests that officers closely examine injuries suffered during the incident, keeping the following points in mind:
- Recognize that men and women use violence differently. “Women typically use their teeth or nails, which leave immediate marks,” Wynn says. “Men generally push, grapple, slap or punch, leaving contusions or bruises that aren’t always immediately visible.”
- Determine whether one or more of the parties acted in self-defense. Factors to consider include:
- The relative size of the parties
- Witness statements
- “Excited utterances” from anyone at the scene
- Evidence of fighting or property damage
- Understand the nature of defensive injuries. These types of injuries can include:
- Scratches - to the back of the hands, wrists, arms, face, neck or back
- Bite marks - on the inside of the arms, or on the chest or neck
- Indications of hair-pulling
- Groin or kicking injuries
- Injuries to the top or back of head
- Eye injuries such as gouging
- Injuries on the back, buttocks and backs of legs (which may indicate that the injured party was in a fetal position)
- Look for injuries caused by hard objects or a weapon. They could indicate that the physically weaker party used an “equalizer” to counter an attack by the stronger party.
- Make sure that an explanation of an injury sounds credible. For example, a bite mark on the inside of the arm is far more likely to be caused by a victim’s self-defense reaction to strangulation from behind, rather than by aggressive action - regardless of what the injured party says.
- Determine whether the use of force was reasonable. An officer’s training on the use of force should provide the framework for this evaluation.
Photograph injuries
When responding to a domestic assault, officers should remember to take an important final step - documenting injuries with a photograph.
“Documentation of injuries occurring in a domestic assault is critical,” says Wynn. “Photos freeze that moment. They give the court system the opportunity to see a case through our eyes and help eliminate the chance that someone will be able to cast doubt about what happened after the fact.”
When documenting injuries, officers should:
- Photograph all visible injuries
- Visit a victim a few days after an assault to photograph injuries that develop over time, such as bruises or tissue trauma
Helping all victims of domestic violence
By knowing how to distinguish victims from primary aggressors in domestic assaults, and by taking the time necessary to investigate thoroughly, law enforcement officers can make a vital difference in the lives of all victims of domestic violence.
“Even when officers have done all they can, they still have to depend on other agencies to help protect victims of domestic violence,” says Wynn. “That’s why it’s so important to leave no doubt about who was the primary aggressor. We need to make sure that judges, prosecutors and parole officers understand the seriousness of a case, because the more victims and their advocates see us doing a good job, the more comfortable they will be asking for police intervention in a domestic violence case.”