Last week I was sitting through the jury selection process for a domestic violence related-crime. Day one: I was questioned alone about where I worked (spoiler alert—the Washington State Coalition Against Domestic Violence). Do I know prosecutors? Do we work together? Yes, and yet I am not dismissed. Day two: I realize I am intentionally being kept on by both the prosecution and defense. They ask me questions and see how others react. My role is either educator or provocateur. At first I’m annoyed, but then I realize I’m in a focus group I could never assemble. I get to listen to a group of random adults talking about domestic violence.
I watched how easily the entire group was swayed by the person leading the conversation. The defense attorney told a story about his young children fighting. It is patronizing to suggest that kids’ fights are comparable to one adult using coercion against another to control them. Yet nods of understanding and a feeling of concurrence with the defense swept the room. Throughout the day the defense attorney kept referring back to this story. Each time enforcing the idea of domestic violence as a simple fight rather than the complex reality of how fear and power dynamics affect a person’s options, autonomy, and safety.
When it was the prosecutor’s turn, he asked why someone who experienced abuse might stay in a relationship. The responses felt like a psycho-analysis of the alleged victim’s behavior. She is co-dependent, in a love/hate relationship, grew up in an abusive home. I spoke up, suggesting that she may have tried to leave and was not able to get help, or her partner threatened to hurt her or her family unless she returned home, or she did not have enough cash immediately available for an apartment. The room is with me now, heads nodding.
In the end, no surprise, I am not picked to be on the jury. I think everyone there would agree that violence against your intimate partner is unacceptable—but everyone had a different understanding of what that actually looked like and who should be held accountable. It was too easy to judge the victim’s behavior and too hard to understand all the ways an abuser’s tactics can impact their partner.