I've done plenty of VD's where there is a recanting victim who testifies for the defense, or if she testifies for use, denies the assault. This is usually pretty clear cut, i.e., she is scared of him, cycle of violence, etc.

I have an assault case where the victim recanted at the time of the investigation (i.e., when victim services contacted her)... but now she is cooperative with us and is testifying the the initial facts. My concern about this is that I don't get the sympathy that you usually get from a jury for a recanting victim. In other words, instead of just looking weak and victimized... now she looks like a liar (for recanting) and vengeful (for now testifying).

Any ideas for voir dire on this twist on a recanting victim?

Yes, go through some talk about why victims will recant, when the offense actually occurred.

You have to humanize the victim to the panel. They just need to understand the process of the battered assault victim to understand why a person would do that. Once you identify the incomprehensible for them, it makes it easier for them to understand.

Get them talking about the battered woman syndrome. Here's a blurb I found online that I use to get them talking:

BATTERED WOMEN SYNDROME
-WHO HAS HEARD OF IT
-WHO CAN TELL ME WHAT IT IS
DR LENORE WALKER COINED THIS TERM
It is also important to understand why battered women stay in abusive relationships. The Court in People v. Aris, 215 Cal App 3d 1194, 264 Cal Rptr 167, 178 (1989) stated that "battered women tend to stay in abusive relationships for a number of reasons." Among those reasons: women are still positively reinforced during the honeymoon phase; women tend to be the peacekeepers in relationships - the ones responsible for making the marriage work; adverse economic consequences; it is more dangerous to leave than to stay; prior threats by batterer to kill self, or children; or to abscond with children; lost self-esteem; and no psychological energy to leave - resulting in a learned helplessness or psychological paralysis.
"Battered woman syndrome describes a pattern of psychological and behavioral symptoms found in women living in battering relationships." People v. Romero, 13 Cal Rptr 2d 332, 336 (Cal App 2d Dist. 1992); See Walker, L., The Battered Woman Syndrome (1984) p. 95-97. There are four general characteristics of the syndrome:
1. The woman believes that the violence was her fault.
2. The woman has an inability to place the responsibility for the violence elsewhere.
3. The woman fears for her life and/or her children's lives.
4. The woman has an irrational belief that the abuser is omnipresent and omniscient.
"Battered woman's syndrome is best understood as a subgroup of what the American Psychological Association defines as Post-traumatic Stress Disorder, rather than as a form of mental illness." IX New York Law School Journal of Human Rights "You've Come a Long Way, Baby: The Battered Woman's Syndrome Revisited" at 117-118; Walker, L., Terrifying Love: Why Battered Women Kill and How Society Responds (1989) at 48.


WHAT WOULD BE SOME OF THE REASONS THAT A VICTIM, AFTER A BEATING HAS OCCURRED, MIGHT NOT WANT TO TESTIFY?

FEAR, SCARED, LOVE WITH OFFENDER, CONTINUES TO SEE OFFENDER, PERSUADED, SWEETTALKED, FINANCIAL INTEREST


NON-COOPERATION OF VICTIM
-NON PROSECUTION AFFD-JUST MEANS THEY FILLED OUT A FORM STATING WHY THEY DON�T WANT TO PROSECUTE. NOT BINDING ON STATE. MAY HAVE NOTHING TO DO WITH THE CRIME THAT OCCURRED, I.E. AFFECTION, LOVE, GUILT, ETC.

FAMILIAR WITH CONCEPT OF DENIAL?

DOES ANYONE THINK THAT A VERY SERIOUS VIOLENT CRIME SHOULD NOT BE PROSECUTED IF A VICTIM MOMENTARILY CHANGES HER MIND ABOUT WHETHER THE VICTIM WANT�S TO PROSECUTE?

IF THE STATE OF TEXAS CAN PRESENT CREDIBLE EVIDENCE THAT ESTABLISHES THE ELEMENTS OF THIS CASE (IDENTITY, BODILY INJURY, THREAT, DEADLY WEAPON) IS THERE ANYONE WHO WOULD REQUIRE MORE OF THE STATE?


Talk about the victimization process and how thorough it can be, to the point of having a victim recant WHEN THE CRIME ACTUALLY OCCURRED(ask reasons why a victim of a hypo crime would recant allegations when the crime actually happened and get them talking about it). Why would a victim not want the person who assaulted her prosecuted?

Would anyone not follow the law, if the evid shows brd that the crime occurred, because the victim is indifferent or now says differently, if the evid supports guilt brd?

Most panels will have victims of abuse or those who closely know them and who have seen this behavior themselves. This will let the others lucky enough to lead normal lives how commonplace this is.

To me, it is just further evidence of abuse of the victim by the abuser. The mental abuse of the victim often starts way before the physical abuse begins.

Often times, victims such as this will testify that the defendant asked them to file the Affd. NP or to recant. If they do, then the jury will understand. If D hits the stand, a topic for cross.

I'm trying an agg aslt like that right now. Call me Thursday AM or Friday if you need more.

You may not be able to make the jury like the victim, as that is a tall order. But they will respect the law and your office for enforcing the law and for helping this victim in this case.

[This message was edited by GG on 08-08-07 at .]

[This message was edited by GG on 08-08-07 at .]

[This message was edited by GG on 08-08-07 at .]

[This message was edited by GG on 08-08-07 at .]