Challenging the Efficacy of Ex officioProsecution of Domestic Violence Offenses: A Comparative Analysis

Patrícia Pais

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Challenging the Efficacy of Ex officioProsecution of Domestic Violence Offenses: A Comparative Analysis

In: Sexuality, Oppression and Human Rights

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Patrícia Pais

Patrícia Pais
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Type:: Chapter

Pages:: 27–45

DOI:: https://doi.org/10.1163/9781848884243_004

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In today’s world domestic violence is regarded as a serious violation of human rights. The United Nations and other regional organizations such as the Organization of American States and Council of Europe have adopted binding instruments that address domestic violence. These conventions require effective enactment and enforcement of laws at national level that criminalize domestic violence. The national machinery should ensure investigation, prosecution and punishment. Furthermore, the United Nations and Council of Europe legal framework for model legislation include standards for criminal proceedings, which embrace ex officio proceedings, i.e., States shall ensure that investigations and prosecution may continue even if the victim declines to report violence or press charges or later withdraw charges and testimony. Domestic violence, however, is not a crime like others. Domestic violence happens in the family private sphere, perpetrated behind closed doors and away from the public eye – as a result, the victim’s testimony is often the strongest and sole evidence of the abuse. Also, perpetrators and victims are often in an on-going relationship and there are strong,and continuing emotional, financial and legal ties between them; and, frequently, for various reasons, victims seek to prevent prosecution or opt not to cooperate, as they view prosecution as unnecessary or contradictory to their interests. This paper debates the practical significance of prosecution standards set by international organizations in combating the global domestic violence épidémie, by examining,longitudinally the implementation, development, and outcomes of ex officioprosecution. I will discuss the experience of two jurisdictions that have long,periods of implementation of ex officio prosecution of domestic violence offenses, but also possess significantly different legal and criminal justice systems, namely, the Canadian Province of Manitoba (adversarial system/common law) and Portugal (inquisitorial system/civil law).

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Sexuality, Oppression and Human Rights

E-Book ISBN:: 9781848884243

Publisher:: Brill

Print Publication Date:: 01 Jan 2015

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- Social Sciences
  - Comparative Social Sciences

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Challenging the Efficacy of Ex officioProsecution of Domestic Violence Offenses: A Comparative Analysis

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Sexuality, Oppression and Human Rights

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