In California, an individual who commits a crime against his or her intimate partner will face the charge as a domestic abuse crime. Intimate partners involved in LGBT relationships are or were dating, are or were living together, are or were civilly united and are those who have children together. If an individual maliciously follows or harasses and threatens his or her intimate partner, he or she will likely be charged with stalking as a domestic violence crime.

Stalking necessarily involves a victim who was the target of the stalking. When that victim originally calls the police or files a police report against the intimate partner who has been stalking him or her and then later changes or takes back his or her original allegations, he or she becomes what is known as a “recanting victim or witness.” A recanting victim may pose a special challenge for a criminal defense lawyer who doesn’t specialize in DV crimes, because that victim could ultimately be devastating to the defense, even if he or she is genuinely trying to help.

Recanting victims in an intimate partner violence stalking trial can be a gift to the prosecutor. Along with a host of other privileges, it allows the prosecutor to tell the jury what the victim originally told the police, either through the investigating officer or by playing a recording of the original 911 call placed by that victim. A recanting victim will also usually mean that the prosecutor will hire an expert witness to testify that the victim has recanted because of the abuse that he or she might receive from his or her intimate partner if he or she didn’t recant. It further encourages the expert to testify about the “cycle of abuse” and that the individual likely suffers from “battered person’s syndrome” which is the reason why he or she has changed his or her story.

Recanting witnesses are common in intimate partner abuse trials because of the intense, volatile relationships that are often defined by domestic violence. Very often, a self-proclaimed victim may falsely accuse his or her intimate partner of stalking out of anger, jealousy or revenge or to simply gain control over his or her partner. Other times, a victim may have been threatened by his or her intimate partner into recanting his or her accusation, which is a crime in and of itself, known as witness intimidation. Sometimes an alleged victim may get back together with his or her intimate partner after criminal charges were filed and then may feel badly that he or she accused his or her intimate partner of a crime. In an effort to help his or her partner, that victim will recant his or her original allegation, thinking that if he or she either refuses to cooperate with the police or prosecuting agency, that the charges will have to be dropped. This is simply not the case, as prosecutors know exactly how to respond, as explained above.

If a stalking victim personally chooses to take back or deny his or her original allegations, for any reason, on his or her own free will, it is best for both partners to consult with a California domestic violence lawyer who fully appreciates the consequences that a recanting witness invites. The trusted, GLBT supportive attorneys at the Kavinoky Law Firm will take the time to sit down with both partners in an effort to devise the best defense strategy available. They will help both parties understand how recanting may actually hurt the defendant and will provide their exceptional legal advice as to how the partners should proceed in an effort to right a wrong. They understand the special and unique concerns that a homosexual couple may have about going public with a same sex relationship affected by domestic abuse and will help resolve the case in a quick and private manner to best protect their clients. Contact them today for a free consultation and for the best representation.