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BC's Violence Against Women in Relationships Policy and Criminal Harassment:
Police Perspectives and Use of Discretion in Investigations

by Katrina Pacey, MA

When the battered women's movement of the 1960's and 70's brought violence against women into the public realm, police came under attack for failing to protect women victims of violence (MacLeod, 1987; Hannah-Moffat, 1995). It was argued that victims of intimate violence were often subjected to a substandard legal response that reflected the prevalent social acceptance of violence against women at that time (Hilton, 1993). The pressure for a more proactive criminal justice approach to violence against women has resulted in a number of important changes to Canadian law and policy. One key example is the implementation of "pro-arrest, pro-charge" policies across Canada. In British Columbia, where the current study was undertaken, a pro-arrest policy was enacted by the BC Ministry of Attorney General in 1984, and is now known as the Violence Against Women In Relationships Policy (VAWIR) (BC Ministry of Attorney General, 2000). By demanding a proactive response by both police and Crown, the policy attempts to ensure a vigorous criminal justice response to violence against women in relationships (Stark, 1996).

One key aspect of VAWIR policy, and the main focus of this research project, is its aim to reduce police discretion. VAWIR stipulates that police officers are required to arrest in all cases where there is evidence that an offence has taken place. If there are grounds to believe an offence has occurred, officers are ordered to use no discretion and arrest the suspect. This stipulation was introduced as a result of mounting research and anecdotal evidence that showed police discretion is a major cause of non-arrest in cases involving violence against women in relationships (Buzawa & Austin 1993; Dekeseredy & MacLeod, 1997).

After almost two decades of policing and prosecuting domestic violence under the direction of the VAWIR policy, significant insight into its effectiveness in terms of police compliance, arrest rates, deterrence value, and victim protection and empowerment has been gained. However, many questions remain unanswered regarding the effectiveness of VAWIR policy in relation to criminal harassment investigations. Given the extensive research into the unique psychology of stalkers, and the dynamics of stalking crimes, it is important to also explore the effectiveness of particular criminal justice interventions on recidivism and victim safety and empowerment.

With these questions in mind, this study aimed to look at how police officers describe their practice when dealing with a criminal harassment call that involves a victim and suspect that have been intimately involved. It was found that police officers reported that, when handling domestic violence calls involving physical assault, they act in compliance with the VAWIR policy. However, in relation to the specific charge of criminal harassment, a large proportion of the respondents stated that they do not take the stipulations of the policy into consideration. Furthermore, those officers who reported that they are compliant with the policy described many non-compliant forms of behaviour when discussing their approach to policing criminal harassment. Most of the officers in the sample demonstrated that they employ more discretion than is permitted by VAWIR policy in their criminal harassment investigations.

The research focused primarily on those officers who deviated from the poicy. This finding - that police employ greater discretion than is permitted by pro-arrest policies - is not a new discovery (Bourg & Stock, 1994). What is unique about these findings is that they reveal the rationale behind their belief, which is that the particular characteristics of criminal harassment offences demand increased police discretion. For the most part, criminal harassment cases where described as not effectively served by VAWIR policy. Certain officers argued that "arrest or nothing" approach of VAWIR does offer the many types of interventions that are necessary to effectively address this type of crime. To give one example of how they reasoned this distinction, it was argued that the risk associated with criminal harassment is variable, depending on if a victim is being subject to an amorous pursuer or a violently jealous ex-partner. It was argued that arresting an amorous pursuer may be excessive, so a number of lesser interventions should be available to police.

The characteristics of criminal harassment victims was also a frequently arising theme. A number of officers appeared to make a distinction between the level of empowerment of women who are involved in an intimate relationship with an abusive spouse and women who are separated from that abusive spouse. Since victims of criminal harassment are often in the midst of severing their relationship with the offender, it was believed that they are no longer in the "cycle of violence." Their analysis of victims seemed to lead a number of officers to the conclusion that, because the relationship is severed, victims are more empowered and should be given some decision-making power in the criminal justice process.

These are just two of the many themes arising in police officers analyses of criminal harassment. These themes were considered in light of the literature on criminal harassment and pro-arrest policies, which resulted in the following recommendations:

• A thorough audit of police compliance with VAWIR policy should be conducted, with a specific focus on their investigations into criminal harassment incidents involving intimate or formerly intimate partners. This audit should involve interviews with victims.
• An empirical evaluation of criminal justice interventions on criminal harassment cases, looking specifically at the impact of warnings, s. 810 Peace Bonds, and arrests on rates of future stalking and violence, should be conducted.
• A victim empowerment study should be conducted, with the aim of exploring the ways in which pro-arrest interventions are or could be experienced as empowering by victims of criminal harassment.
• Create greater consistency within the educational materials and publications on policing criminal harassment so as to more clearly define criminal harassment as falling under the pro-arrest/pro-charge protocol stipulated by provincial domestic violence policies.
• Enhance the quality of training for police officers so as to increase their knowledge of the application of VAWIR policy to criminal harassment investigations and the degree of police discretion permitted under the policy.
• Increase education for police officers on the adverse effects of psychological abuse on victims, and the risk of escalation to physical violence in criminal harassment cases involving intimate or ex-intimate partners.
• Police officers must be educated on the experience of all forms of abuse and the social context within which it impacts women's lives. The experience of intimate violence should be understood as extending beyond physical abuse, and beyond the traditional notions "relationship."
• Police officers should be trained in the fundamentals of risk assessment.
• Increase the use of risk assessment in order to assess the risk of releasing offenders, and to influence the sentencing process.
• Increase the power of the court to detain individuals who are suspected of being high risk if violent recidivism
• Increase the information provided to victims, and the resources to ensure their safety once the stalker is released
• Create specialized prosecution teams to handle intimate violence and criminal harassment cases.
• Provide greater resources to police to increase their capacity to conduct thorough investigations
• Increase coordination between police based and community based victim services to assist victims throughout the criminal justice process and provide the support necessary for victims who are participating in the prosecution.