I want to talk a little bit today about domestic assault trials. And specifically, I want to talk about how they unfold. If you take the average domestic assault situation its usually one witnesses word against the other, that’s the victim or the complainant versus the accused because it usually takes place in the context of a home for example, that’s the typical scenario. And there’s no other witnesses. So, a lot of clients will say to me, look, there was no bruises on. We represent men to that let’s take it it’s a man so that the man is the is the alleged victim we’ll say, and I represent the women who represent a lot of women on domestic assaults. And in that situation, the client will say to me Well, how on earth can a conviction How can I be convicted of a domestic assault? There’s no bruises on him. It’s just her word against mine. His word against mine, and if the allegation was, for example, a shove how on earth can I be convicted of that? Well, unfortunately convictions happen every day, based on word alone, no other witnesses. And that’s it’s that easy. You got a man who’s assaulted by his wife or vice versa can simply phone 911 In the heat of the moment, and they could make up a story now I’m sure most domestic assault allegations are truthful allegations but don’t think for a second, that people don’t lie. Don’t think that men don’t lie about being assaulted by their wife and don’t think that women don’t occasionally lie again. Let’s be clear, most domestic assaults are accurate and truthful. So how can you be convicted? The judge, let’s make a scenario, let’s say I’m representing a woman and the man has phoned 911. Let’s assume the man has lied. Well, if he’s a convincing liar, he’s going to come across well to the police, articulate high IQ person come to court and testify fantastically. Now the woman who I represent, despite my best efforts, let’s say I prepare her for hours. She’s just a nervous, stressed person She doesn’t come across well, she could easily be convicted under that scenario. It’s kind of shocking to people. And don’t think that a criminal trial Don’t think for a second. We’re trying to search for the truth but do we really get at the truth because it convincing a liar can come across very well. And conversely, a person who’s telling the truth like a victim, a woman who’s been consistently beaten, may just be the worst witness in the world. It happens all the time. I see it all the time.His clients told me didn’t do it. There are no bruises and there you go so it’s quite easy to get convicted on word alone. Happens every day. Clients are a little shocked about that. It is why you really need to prepare very diligently to be able to testify if you’re a person who who’s not that articulate, who has a hard time coming across in public, which is what court is, is going to be difficult for you to get a lawyer to work with you very hard, so that the truth comes out. But ultimately, the judge is going to have to decide who’s credible, who is reliable. Imply the burden of proof and determine if the evidence supports a conviction beyond a reasonable doubt. So that’s the conundrum unfortunately. Let’s face it, witnesses lie accused lie all the time. Sometimes I’m not saying all the time, but occasionally victims lie as well. Alleged victims. And they can come across fantastically. I’ve seen it happen. And on the other hand, I’ve seen clients of mine I represent the odd over my career I’m sure the off innocent person as opposed to that presumption of innocence I mean truthfully innocent who just can’t come across well, and I’ve seen convictions, people convicted. And on the other hand of the coin, I’ve unfortunately seen so many truthful complainants telling the truth women and men present as a disaster as a witness to the stand and they’re just beat up by the defense counsel. Unfortunately. It’s not a good situation so, you know, the court system is a little bit of unsatisfactory. Obviously that situation just happens but the bottom line is, are the domestic assault situation is usually one person’s word against the other the thing is about that is it also makes it you know, in the hands of a good defense lawyer you often, usually win a situation like that and especially if there is no bruising or to her evidence, there it is the convictions, whether a conviction on word alone in a domestic assault situation.

By Published On: July 27, 2023Last Updated: June 19, 2024Categories: Domestic Assault, Video

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