Recantation of Domestic Assault Victim Statements

Key Points

• Under-Oath Video Statements:

  • Victims provide under-oath video statements (KGB statements) to the police regarding the alleged assault.

• Recantation Attempts:

  • Weeks later, victims may want to reconcile with the accused and recant their statements, claiming they were intoxicated and don’t remember the details.

• Challenges for the Accused:

  • Accused individuals often wonder why charges are not dropped when the victim wants to recant.

• Crown’s Perspective:

  • The Crown is cautious and skeptical about recantations, as statistics show that some victims may not be truthful in their recanted statements.

• Policy and Directives:

  • Over the years, policies and directives have been established, making it rare for the Crown to drop charges solely based on a recanted statement.

• Concerns About Safety:

  • The Crown is concerned that withdrawing a domestic assault charge based on the complainant recanting their statement, and allowing the accused to go home may result in further harm to the victim, considering  the potential risks of repeated abuse.

• Decision to Proceed to Trial:

  • In many cases, the Crown decides to proceed to trial, setting a date a year down the road, allowing the truth to emerge during testimony.

• Cross-Examination Strategies:

  • During trial, the Crown may confront the recanting victim with their previous under-oath statement to establish inconsistencies.

• Unsatisfactory Outcome:

  • While these laws aim to protect potential victims, innocent individuals may find the process unsatisfactory as they navigate through the legal system.

• Potential Case Outcomes:

  • The case may go to trial, leading to a possible acquittal if a reasonable doubt is established. In some cases, the Crown might withdraw the charge or opt for a peace bond if there is no reasonable chance of conviction. 

• Communication with Clients:

  • Defence lawyers must communicate these complexities to clients early in the case, helping them understand the legal process and potential outcomes.

Navigating domestic assault cases involving recanted statements poses challenges for all parties involved, highlighting the delicate balance between protecting victims and ensuring justice for the accused.

And the client says, “why won’t they just drop the charges?”. It’s not that easy actualyl, even when they provide that statement, even when the victim goes to a lawyer. From the crown’s perspective, the statistics have shown that many of those victims who want to do that, they’re not necessarily telling the truth in their recanted statement, and we don’t know whether they are.

So policies and directives have over many years in the provice, have come down to this, so in that situation it’s very rare for the crown to drop the charge. The crown’s going to throw up their hands and say “look, we don’t know if they’re lying now or then. If we let them go back home (meaning the person being charged) we don’t know if he or she will beat up their spouse or significant other.”

In this situation is a phrase that I’ve heard many times. The crown’s going to say “let’s just run it”. In other words, set out a trial a year down the road and let the chips fall, we’ll see what they say on the witness stand.

And in that situation, the victim gets up on the witness stand, they say “I don’t remember, I was drunk that night.” The crown will often confront them with the KGB under oath victim statement in an attempt to show that’s the truth. And often-times those cases are won by the defence frankly, there’s usually a reasonable doubt. Not necessarily, because sometimes a person recants again and goes back to their original statement.

But there’s a reason for these laws, and I do agree with them. It’s very unsatisfactory for presumed innocent people. But the bottom line is that studies and statistics have shown that a certain percentage of men or women who go back their spouse are going to abuse them again, and this is why the crowns have these directives.

And unfortunately, innocent people get caught up in this, and many guilty people get caught up in this as well, and the matter has to go to trial or you decide to plead guilty, and I have to explain this to clients at a very early opportunity in the case.

So that’s typically what happens with a recanted statement. Now, sometimes the crown might withdraw the charge or do a peace bond, but I’ve seen so many cases go to trial in this situation, and we’re all gritting our teeth one year later and fighting it out in court, and sometimes a person’s innocent.