No-show victims common in domestic violence cases

Advocates for victims of domestic violence said Monday that the Greg Hardy case illustrates one of the most vexing problems facing the movement – overcoming victims’ fears about testifying.

Hardy’s case was dismissed when prosecutors were unable to subpoena Nicole Holder, who accused the Carolina Panthers defensive end of attacking her during a squabble at his uptown condo in May. Before vanishing, she told prosecutors she did not want to testify in a second trial after Hardy appealed his earlier conviction.

Many victims of domestic violence refuse to testify because of fear, said Sunya Folayan, co-founder of the Empowerment Project Inc., which has provided support groups and training in Charlotte since 1993.

“It’s very dangerous – the most dangerous time for a victim is when they’ve made a decision to leave,” Folayan said.

About a decade ago, a law went into effect in North Carolina that made it easier to prosecute those accused of domestic violence by using police reports, photographs taken at the time of the attack and other statements, even if the victim didn’t show up to testify.

“North Carolina has absolutely taken that off the back of the victims,” said Folayan, “because victims won’t show up in court.”

Judgment of prosecutors

The effectiveness of such prosecutions depends on the strength of the evidence, and it varies case by case, said Karen Parker, executive director of Charlotte Safe Alliance.

In Mecklenburg County, the district attorney’s office has a domestic violence unit that does a good job, Parker said, but prosecutors must make the call on whether the case can proceed without the victim.

Although there were photos and statements taken from Holder when the original charges were brought, they were not strong enough to make a case without her testimony, District Attorney Andrew Murray said in a statement.

Other factors victims cite for not testifying are having to miss work as the cases grind on and lack of child care.

To address that, Charlotte Safe Alliance has advocates who accompany victims through the court system and help them with restraining orders and other issues. Parker said the organization has served about 3,000 clients, mostly women, in the last year.

“Victims who who connect with a program like ours tend to follow through because they have support,” she said.

A high-profile celebrity case like the one involving Hardy can create another issue for the victim, Parker said. “A victim can wonder, ‘Will the community have a backlash against me?’ There’s that added pressure on the victim.”

Accusers vital to case

Mike Sexton, a spokesman for the Mecklenburg Women’s Commission and a domestic violence awareness advocate, said that while fear and intimidation are part of the system working against victims, their help is vital to dealing with the problem.

“We need to instill into victims that we need them to be able to turn this around,” he said. “They need to know that help is available.”

There were four domestic violence-related homicides in Mecklenburg last year, and a total of 92 since 2002, according to the Mecklenburg County Domestic Violence Advocacy Council.

This story was originally published February 9, 2015 at 6:04 PM with the headline "No-show victims common in domestic violence cases."