The American Feminist

The American Feminist, Summer 1996

Prosecution for the Suffering of Child Witnesses

The Los Angeles city attorney's office is approaching the problem of prosecuting domestic violence offenders from a new angle. Prosecuting a domestic assault usually leads to a misdemeanor charge of spousal battery, which has a maximum sentence of one year. Because of overcrowding, offenders usually spend no more than 87 days in jail. Now, however, an additional charge of "inflicting unjustifiable mental suffering" upon a child who witnessed the attack can lead to a tougher sentence.

There is a growing cognizance that domestic battery does not solely involved a man and woman, but profoundly affects children who witness the violence. Even if children are fortunate enough to escape physical abuse, they can be scarred emotionally and psychologically. Knowing that in nearly 80 percent of its domestic violence cases children see or hear the attacks, L.A. officials felt they had to do something to address the children's suffering. Only about five other jurisdictions around the country use this type of prosecution, but the number is likely to increase. (The city of Los Angeles currently uses the approach in only 10 percent of its cases, feeling it is better to break ground slowly so the effectiveness will not be lost.)

There are those who fear that this strategy may lead to efforts by social welfare agencies to remove a child from a home, and that this possibility might deter a woman from reporting abuse. But advocates feel that not only does the conviction rate increase, but the new strategy also serves as a deterrent to further abuse. They believe that hearing an expert testify at the trail - recounting the damage that witnessing abuse brings upon a child - may make offenders stop and think more about the consequences of their actions.