Why is our criminal justice system still failing victims of domestic violence? - Women's Agenda

Why is our criminal justice system still failing victims of domestic violence?

Catherine Smith is the victim of thirty years of domestic abuse at the hands of her husband. She went to the police for help 18 times during these years, but each time the police determined the situation was too volatile and would risk their safety, so they never arrested or charged Kevin Smith.

The man was eventually arrested when he kidnapped the couple’s son and threatened him with a gun. When he was released from jail six years later, Catherine armed herself with a gun. During an altercation, the gun was fired.

“I had contemplated killing him. I thought just show myself and let him come and try and kill you. They’d have to take notice if I was dead. There’s, all different things go through your mind. Um, I really didn’t want to die. I mean I’d fought so hard all those years just to stay alive,” Smith told ABC News

No one was injured in the incident, but Catherine was charged with attempted murder. She was denied bail. She was tried in front of a jury and, eventually, acquitted. She went into hiding.

Now, Catherine is suing the state of NSW for malicious prosecution. Her case states that the police prosecuted her for attempted murder despite it being clear she was acting in self-defence. Her lawyer will argue the prosecution was malicious because it was pursued all the way through the criminal justice system despite the fact the state knew from the outset she had no case to answer.

Catherine hopes that by suing the state of NSW, she will deter the police from prosecuting other victims of domestic violence in similar situations. She is also seeking damages for the costs of her prosecution.

“Nothing will ever change, will it, unless people like me stand up and be counted,” she said.

She is right. This case illustrates that authorities are still tempted to cast victims as perpetrators and perpetrators as victims. Worse still, it shows they have the power to implement this – going as far as to bring a victim before a jury as the accused.

The police were unwilling to prosecute Kevin Smith when he was guilty of domestic abuse. In Catherine’s case, on the other hand, her prosecution for violence against her husband was immediate and malicious. Is it any wonder our criminal justice system continues to fail victims of domestic violence?

Examples of this failure are constant and seemingly endless. Earlier this year, the Victorian police failed to prosecute Greg Anderson, and in doing so failed to protect Luke and Rosie Batty. How many more times will this happen before something changes? 

If Smith’s decision to bring a case against the state of NSW sends a message to authorities that they can no longer apply double standards to cases of domestic and family violence with impunity, then all victims, present and future, as well as our entire criminal justice system, will benefit.

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