Women's Experiences with Mandatory Charging for Wife Assault in Ontario,Canada: A Case Against the Prosecution

Abstract

Over a decade ago, the Canadian government and most provinces implemented a criminalization strategy for wife assault. The policy has as its main goals the reduction of case attrition through the prosecution process from charge to disposition, and the imposition of appropriate sentences upon conviction. These goals are achieved through removing police discretion in charging, and reducing the number of cases withdrawn or stayed by the Crown prosecutor. Evaluations of the policy suggest it has strong support from justice professionals who work within the system. This paper presents data from interviews with 94 women whose male partners had been charged with assaulting them. Views and experiences of women are presented, and indicate complex views of mandatory charging. The findings support the conclusions that women do not equate calling the police with the criminal prosecution of their spouses, and often experience additional anxiety, frustration and disempowerment as a direct result of the strategy. However, recommendations for reforming the strategy emphasize the resource and evidentiary needs of the police and Crown, while the needs and interests of women/victims are seen as barriers to the smooth prosecution of wife assault cases. It is suggested that the voices of women are not, and cannot be, integrated into the current strategy, as it prioritizes the bureaucratic, professional and structural imperatives of the administration of justice and/or its agents.