Treatment Of Domestic Violence Complicated and Evolving

A release from the Office of State Representative Michael Day:

The month of October is National Domestic Violence Awareness month. Nearly one in three women in
Massachusetts reports being a survivor of rape, physical violence and/or stalking by an intimate partner
in her life, and nearly one in five men report the same. As stark as those numbers are, we know the real
numbers are much higher, because we know not all survivors report their attacks. While some will
come forward immediately, others never will, while still others may come forward to share their stories
only after years and possibly decades of silence as they process and attempt to come to grips with the
attacks.

The recent and long overdue #metoo movement is a watershed moment for our society. It provides
survivors with encouragement and the support needed to continue their recovery by fostering an
environment where they can safely share their own stories, and it lets them know that they are not
alone. This is a welcome development.

As with any societal phenomenon, however, the #metoo movement can be complicated. Can we
simultaneously support and encourage survivors to share their stories while still presuming the
innocence of the accused until proven otherwise? Why can’t those issues be mutually exclusive? The
dialogue surrounding the recent, highly credible testimony offered by Dr. Blasey Ford concerning Judge
Kavanaugh illustrates this tension.

In the wake of the testimony I have seen many claims defending Judge Kavanaugh by stating that no
prosecutor would ever bring charges against him because a conviction would be all but impossible given
the lack of corroborating evidence supporting Dr. Ford’s claims. This is 100 percent accurate, given the
nature of Dr. Ford’s testimony. It is also 100 percent irrelevant.

I have been privileged for many years to represent survivors of domestic and sexual violence as their
legal counsel in seeking abuse prevention orders in courts throughout Massachusetts. Mostly women,
these individuals courageously emerged from the pattern of violence and abuse that encompassed their
lives to publicly reclaim their identities from their abusers. More often than not, my clients did not have
corroborating evidence to support their claims of abuse: the physical marks had healed; the incidents
occurred in the home without witnesses; or the abuse had gone on for so long that the events and dates
blurred together in the survivors’ memories.

Far more often than not, though, we were able to secure the abuse prevention orders and obtain
restraining orders against the defendants. Why? Because the judge found the individuals and their
claims credible. These judges did not find the claims to be true “beyond a reasonable doubt” as in a
criminal trial. Instead, they found the stories credible, and that it was simply more likely than not that
the abuse did or likely would occur.

Our judicial system has evolved in this area, and continues to do so. I am thankful that our police
departments have become far more attuned to the dangers and prevalence of domestic and sexual
violence over the years. No longer do police respond to reports of domestic violence by simply
“diffusing” the situation. Our courts, too, are now far better trained on the propriety of issuing
restraining orders against those accused of abuse and violence. I am hopeful that the rise of the #metoo
movement signals that we as a society are also evolving.

If we are to move forward together, we must continue to foster an environment where individuals feel
comfortable sharing their stories of survival. That means not seeking “proof beyond a reasonable
doubt” to give credence to stories of harassment or assault. That means accepting a survivor’s memory
gaps, long periods of silence following an attack and myriad other “credibility issues” that would make a
criminal prosecution unlikely. That means knowing that a survivor’s truth is much more than the details
of the assault, and that we must continue to encourage the sharing of these truths in all of their varied
forms.

If you or someone you know is experiencing sexual violence or another form of abuse or are uncertain,
call the confidential Massachusetts hotline at (877) 785-2020 or visit http://www.janedoe.org/ for
information on resources available, and know you are not alone.