A Different Form of Post-Op: Healing Survivors of Domestic Violence Through Prosecutorial Anatomy

This comment argues that domestic violence prosecutions can be strengthened through trauma-informed prosecutorial practices that better account for survivors’ responses to abuse and trauma. Domestic violence cases remain among the most difficult crimes to prosecute because survivors frequently recant, decline to participate, or appear inconsistent in their accounts, often as a result of fear, coercion, psychological trauma, or concern for their children, finances, and personal safety. Through an examination of domestic violence prosecution, trauma research, survivor behavior, and existing advocacy initiatives, the comment contends that prosecutors who lack training in trauma-informed practices frequently misinterpret survivor conduct and may prematurely abandon otherwise meritorious cases. The author analyzes the U.S. Department of Justice’s 2024 Framework for Prosecutors to Strengthen Our National Response to Sexual Assault and Domestic Violence Involving Adult Victims, highlighting its emphasis on survivor-centered advocacy, trauma-informed communication, victim support services, and evidence-based prosecution strategies.The comment further argues that the Framework provides prosecutors with practical tools to build trust with survivors, increase survivor participation, reduce re-traumatization, and improve prosecutorial outcomes. Drawing comparisons to trauma-informed approaches successfully used in child abuse investigations and prosecutions, the author contends that similar methods can enhance adult domestic violence cases. At the same time, the comment critiques the Framework for insufficiently addressing the distinct concerns of survivors of color, whose experiences with racism, over-policing, and systemic inequities often shape their interactions with the legal system. The author concludes that broader implementation of the Framework, coupled with greater attention to the experiences of marginalized communities, can improve survivor engagement, increase accountability for perpetrators, and foster greater trust in the criminal justice system.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]