There's no doubt about it: Domestic violence is a serious problem. Yet, when someone claims domestic violence is happening when it really is not, this is also serious for several reasons. It undermines people who report domestic violence when it's real and it means someone is wrongfully accused of something they did not do.
The temptation to make a false accusation of domestic violence to gain an upper hand in court can be particularly strong in cases involving child custody, divorce and alimony. Domestic violence can be held against someone seeking custody of children or fighting over alimony. Consequently, people sometimes seek an advantage in court by alleging domestic violence when it did not happen, especially in a heated divorce.
A 2007 report concluded that more than 1 million false allegations of domestic violence are filed each year, and the damage done can be serious:
- Children can be removed from a home.
- Someone can be forced to leave his or her home after a false accusation.
- People can have crimes they did not commit on their record.
- Even if there is no conviction, a domestic violence charge can become public.
Real victims of domestic violence also suffer the negative effects of false accusations. Every time a false domestic violence charge is made, doubt grows about the validity of any domestic violence accusation. This doubt can make it harder for an actual victim of domestic violence to get help.
Challenges for Authorities Handling Claims
Handling claims of domestic violence, knowing that not all of them are true, is not an easy job for law enforcement and prosecutors. Law enforcement officials are often given scores of statistics about domestic violence as part of their training (for example, South Carolina ranks seventh in the U.S. for incidents of murder by men against women). To avoid public scrutiny, members of law enforcement and prosecutors must show that they are not "soft on domestic violence." After all, in 2010, more than 36,000 reports of domestic violence were made in South Carolina. These factors can sometimes result in the police and prosecution taking false accusations seriously and causing untold damage to the person wrongly accused of this crime.
In cases where two people say two different things, especially when it involves something as serious as domestic violence, police officers and prosecutors may find themselves in a tough position. Do they take a chance that a person they don't believe actually is telling the truth? Do they appear to be "soft on domestic violence" if they make the wrong call?
This pressure can sometimes lead to aggressive prosecution of domestic violence, and as a result, people wrongfully accused of domestic violence may have a harder time proving their innocence, even though our criminal justice system holds a person innocent until proven guilty.
Ultimately, false allegations of domestic violence can violate someone's civil rights and tear families apart. While the damage felt by domestic violence victims is all too real, so is the damage felt by those wrongfully accused.
