Introduction – One of the reasons more domestic violence cases should go to trial is to have a “crack: at the lying victim…the victim who, motivated by an intent to harm the accused, tells multiple versions of her “story.” There has never been a more critical use of the tool of cross examination than exposing the fraudulent “victim” at trial!
Here is the Story
False Allegations in California Case Illustrate Danger of Domestic Violence Laws
On the heels of a challenge to child custody, a young woman in California complained – and the District Attorney’s office charged – a felony assault for smashing her head into a wall several times and threatening to kill she and her child.
As often happens in these cases, the prosecutor never truly “grilled” the victim about her story. On the witness stand, the “victim” changed her story several times. The District Attorney, embarrassed at the woman’s lack of credibility, dismissed the charges two weeks into the trial!
It was too late, the accused a 24 year old kitchen manager – already had lost everything he had, his job, and his reputation. He demanded a trial – even though he was facing 5 years in prison – yes he was vindicated by a jury that actually clapped when the case was dismissed by the DA.
It is unknown in this recent case – February 2011 – whether the young lady was charged with making false charges. She should face the kind of fear and anxiety the Defendant felt.
H. Michael’s Take:
The kind of travesty of justice that this case represents barely touches the surface of the problem of overreacting to allegations of sex assault or domestic violence by an individual without “testing” the truth of her story before the case goes to trial..