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What Changes in the Law are Needed to Curb False Allegations?

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These are the legal changes that need to be made to assure the innocent are protected and true victims receive the priority they deserve:

  1. Limit definitions of domestic violence to physical “violence.”
  2. Require that accusers provide objective evidence (visible injury, medical record, police report, cell phone recording) of violence or harm before they can qualify for services and benefits.
  3. Respect defendants’ constitutionally-protected rights (e.g., due process).
  4. Assure that the accused are provided with legal assistance to assure equal treatment under the law.
  5. Require that domestic violence training programs be factual, balanced, and evidence-based:
    • Develop a national domestic violence curriculum that is factual, balanced, and evidence-based.
    • Require that statements about the gender-specific prevalence of domestic violence be based on community-based representative surveys using validated measurement tools, not biased crime reports.
    • Require third-party certification of persons who conduct domestic violence training outside of their own agency.
  6. Educate prosecutors about the prevalence of false accusations and the need to exercise prosecutorial discretion. Remove no-drop prosecution policies.
  7. Require prosecution of persons who repeatedly file false statements and engage in perjury.

 

The extent of false allegations of domestic violence in our society threatens fundamental notions of living in a free and just society.