WILLMAR -- One of the greatest challenges that prosecutors face in domestic abuse cases is the tendency of fearful victims to recant their testimony.
It happens often because perpetrators continue to have access to their victims even while they are in jail awaiting court dates. They take advantage of jailhouse visits, phone privileges and contacts through third parties to cajole and intimidate their victims, Kandiyohi County Attorney Boyd Beccue told attendees at the 8th Judicial District Family Violence Council on Friday in Willmar.
He called the jailhouse intimidation "a continuing form of abuse.''
It's also a form of abuse his office is having some success in stopping.
The county attorney's office is now routinely taking advantage of a state statute that allows prosecutors to obtain "no contact orders'' from the court.
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"It's a good tool to use, for many reasons,'' Beccue said.
Since it is filed by the prosecutor, the order takes the pressure off the victim, he said.
It also spares the victims the abuse that the phone calls with threatening messages otherwise cause.
The orders aren't as encompassing as the orders for protection that victims can readily obtain from the courts, but they definitely help, Beccue said.
He said there is no overall "cure" for the problems created by victims who succumb to pressures from their abusers and recant. He urged prosecutors to identify the key pressures that cause victims to recant and deal with them "one issue at a time.''
He pointed out the many challenges in prosecution. He singled out the difficulties of prosecuting cases in which the victims are immigrants.
Many arrive from countries where social customs tolerate domestic abuse and make it very unlikely that victims will confront their abusers. There are language barriers.
And, immigrant victims often face tremendous economic, family and other pressures that make it difficult for them to cooperate with prosecutors.
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"There are no easy solutions to the problem,'' said Beccue. He offered that assimilation may eventually bring about the changes needed.
