Thousands of domestic violence cases without an arrest because “victim refused to cooperate”

At MAC, the majority of our efforts are dedicated to the prevention of violence. Primary prevention is a necessary step in making our communities safer. However, numerous things must occur in conjunction with prevention. We need to make sure that there are adequate services for victims, appropriate laws and policies to protect victims and the means to investigate and prosecute domestic violence cases. We also need to make sure that offenders are held accountable for their actions. None of those pieces can be missing. Imagine how impossible it would be to effectively engage in violence prevention work or provide victim services if your local police department cleared thousands of cases of domestic violence each year without making an arrest.

In a story published in The Tennessean, it appears that the Metro Nashville Police Department has been doing that for years. A common reason cited on the report was “The victim refused to participate.” So how bad is it? According to the article, in 2005, the NPD cleared 211 cases without making an arrest. In 206, the number jumped to 3,866.

But lack of victim cooperation shouldn’t be a valid excuse since a law passed in  Tennessee in 1995 states “A law enforcement officer shall not: Base the decision of whether to arrest on … the consent or request of the victim” or “the officer’s perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding.”

Several former detectives were interviewed by The Tennessean and reported that they had filed complaints with department officials, only to be ignored. The department claims that despite the numbers, cases were investigated appropriately.

Tell that to Yoranda Ntahomvukiye who was stabbed to death by her husband in 2009. Her son had called 911 two days earlier. However, the NPD officers who arrived on the scene did not make an arrest or write a report about the incident. Several other victims reported that when they attempted to file charges against their attacker at the police station, they were told that their case was closed. A former detective of the unit randomly reviewed 25 of the closed cases and determined that 10 of the cases had sufficient evidence to warrant an arrest.

A decreased and overworked staff, an improper online coding system and a pressure to close cases were cited as reasons for the occurrences listed in the article. Either way, something is wrong in the way that victim’s cases get handled and reviewed by the Nashville Police Department. It doesn’t matter what excuses are offered up by the department officials. Offenders need to be held accountable for their actions. How many thousands of cases were dismissed each year despite adequate evidence? How much pain, torment and death occurred because of this broken system?