POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

g) Problem with the Failure to Follow Through with the ChargesNative Justice ResponseThere are many reasons why aboriginal women will not support or follow-through withcharges of spousal abuse. The lack of self-esteem, the high tolerance for violencewithin the aboriginal community, the lack of police services in many communities, andthe absence of public education about legal rights contribute to sustained violenceagainst aboriginal women. Crown prosecutors have said that often aboriginal womenwill want to withdraw the charges before going to court. One reason cited is that it isdifficult for aboriginal women to lay charges against a man she is still living with, andshe may want to continue the relationship.One respondent said aboriginal women are reluctant to follow through with chargesbecause of pressure put upon them by their Societies [communities] to keep the familytogether at all costs. Or, the woman may not see any chance of change in her situation.Also she may fear repercussions or loss of her children. One of the major difficultiesfaced by law enforcers dealing with aboriginal women is their reluctance to testifyagainst the abuser once a charge has been laid. In this respect, aboriginal women reactno differently than non-aboriginal women.Police ResponseAlmost all respondents agreed that most abused women are reluctant to carry throughwith assault charges against their husband or live-in boyfriend who beats them. This isparticularly true when a successful prosecution relies on her testimony. The reluctancealso depends upon the woman and man involved. Some respondents suggestedaboriginal women are no more reluctant than non-Aboriginal women to report abuseand follow through on charges. There are no studies to suggest any other conclusion.The Royal Canadian Mounted Police in Ottawa found that non-aboriginal women showa similar reluctance to report abuse:"Many women of all cultural groups are at times reluctant to involve the police, fora variety of reasons. It is difficult to separate aboriginal women except to say insome areas there is considerable mistrust of the non-Native justice system whichno doubt influences such reports." 9Police respondents agree that one of their major difficulties in dealing with aboriginalwomen in domestic violence disputes is the women's reluctance to testify against theabuser once a charge has been laid. As one respondent noted:"I find that Aboriginal women are not reluctant in laying charges against theirhusbands who beat them. The problem which I find is when they have to appear incourt and testify against their husband, it creates problems at that point wherewomen feel that they should back out of going through with the assault charges." 109Ottawa RCMP; Solicitor General Canada.10Brandon City Police.Pg. 22