Domestic violence is a serious social problem that deeply shakes a person’s life with both physical and psychological effects. Legal processes play a critical role in protecting the victim and punishing the perpetrators. However, in some cases, the victim may want to withdraw their complaint. So, what happens when a complaint is withdrawn in domestic violence cases? In this article, we will examine in detail the legal consequences of withdrawing a complaint and the rights of the victims.
Domestic Violence Crime and Legal Process
Domestic violence is the physical, psychological, sexual or economic violence of a person by their family members or relatives. The crimes of “domestic violence” included in the Turkish Penal Code are often considered crimes concerning public order. In other words, regardless of the victim’s complaint, the state’s intervention in the crime continues.
Victims of domestic violence can file a criminal complaint by applying to the police or prosecutor’s office. The investigation process initiated upon the complaint continues with the collection of evidence and the interrogation of the suspect.
What Happens If the Complaint is Withdrawn?
In domestic violence crimes, the legal process continues in some cases even if the complaint is withdrawn. Because these crimes are considered crimes that affect public order regardless of the will of the victim. In this context, the possible consequences of withdrawing the complaint are as follows:
Filing a Public Lawsuit: Domestic violence is a criminal offense regardless of the victim’s consent. Therefore, withdrawing the complaint does not mean that the prosecutor’s office will drop the case. In a lawsuit filed on behalf of the public, the state’s intervention continues and the court may continue the case despite the statements of the victim of violence.
Continuation of Protection Orders: Even if the complaint is withdrawn, the measures taken to protect the victim of violence (for example, a restraining order) remain valid. The protective measures taken for the safety of the victim are not revoked even if the complaint is withdrawn. These decisions continue to be implemented in order to ensure the safety of the victim of violence.
Punishment of the Perpetrators: Even if the victim of domestic violence withdraws her complaint, it may be possible to punish the perpetrators of violence. The person who committed the crime may not be able to escape criminal liability even if the crime was committed and the victim withdrew her complaint. The court may decide to punish the perpetrator by evaluating the evidence and witnesses.
Evaluation of the Victim’s Statements: Even if the complaint is withdrawn, the victim’s statements may be important evidence in court. However, these statements of the victim must be supported by concrete evidence that the violence actually occurred. Withdrawing the complaint is not enough for the court to waive punishment of the perpetrator.
Forced Statement Taking and Processes Followed: Even if the complaint is withdrawn, it is possible for the victim to be forced to give his statement or for the investigation to continue. The criminal responsibility of the perpetrator is assessed through state intervention to ensure social security, without the victim’s consent.
Psychological Effects of Withdrawing a Complaint on the Victim
When victims decide to withdraw their complaints, they usually make this decision for reasons such as continuing violence, fear, threats or domestic pressures. However, this situation can have serious psychological effects on the victim. Victims of domestic violence should be secured by using their legal rights in order to cope with post-violence traumas. Even if the complaint is withdrawn, the right to benefit from the support mechanisms provided by the state for the protection of victims continues.
In domestic violence cases, even if the complaint is withdrawn, the legal process continues. The state can initiate the judicial process to ensure the safety of the victims and the order of society. Even if the victim withdraws the complaint, they can continue to be protected as a victim of violence and the perpetrator can be punished.
