Recording Cases of Domestic Abuse

Recording sounds daunting. Here are our tips on how to get it right.

What is recording?

By recording, we mean documenting the abuse that you have witnessed and the abuse the affected person has told you about.

Why record?

Legal cases are all about evidence. In Germany, the most useful type of evidence is medical documentation of physical and sexual injuries. That unfortunately excludes economic and emotional abuse.

Being able to demonstrate the severe violation of the physical and mental wellbeing can also be used in court which all too often center around "her word against his" without the necessary supporting evidence. By documenting the abuse directly witnessed and heard of, you can help a person living with domestic abuse build an effective legal case in case they want to file charges against their abuser. The more precise and regular the documentation, the more likely victims are going to be believed in court.

How to record

Whilst the order can vary, this is what you should include when you put it into writing:

• Thank the person for their courage and their trust in you.

• Confirm confidentiality: only you, the person and other people necessary to guarantee the security of the person and others have access to this mail.

• What abuse have you and other people personally witnessed and when? How often did it occur? How long has it already lasted? Note down as many details as possible.

• What changes in mental and physical well being have you personally observed in the affected person as a result of the abuse?

• What kinds of abuse has the victim told you about? Note down as many details as possible: kind of abuse, severity of abuse, consequences of abuse, time and occurrence of abuse, potential witnesses of abuse, location of abuse, etc.

• Signpost to internal and external support services.

Examples

Note: In "Example 2" the potential victim has denied the occurrence of abuse. It is still important to Record. In case it turns out that they had been withholding information from you out of fear, your attempts at Recording can provide valuable evidence.

Example 1

Hi Emma, ​

Thank you for telling me about your experiences. ​

As discussed, you might not feel comfortable with me putting your experiences on writing, but it might be helpful to you at a later point. Only you and I have access to this mail.​

You’ve told me that your partner of 2 years has been emotionally abusive to you. He’s never hit or kicked you previously. Instead, he vented his anger by hitting other inanimate objects instead such as punching a hole in the wall or kicking the cupboard until it fell apart. ​

However, last Tuesday, the 14th of February, at ca. 10pm he came home and stormed into the bedroom. You were already asleep by then and woke up to find him attempt to have sex with you without your consent. You were able to break free and flee the apartment. Your neighbour, Ms. Schmidt, living on the 6th floor heard the commotion and took you in when she saw you in tears in your pajamas […]​

Attached I am sending you links to some services that might be helpful to you. […]

Please reach out in case you need support or just want to talk.

Kind regards,

Leonie

Example 2

Hi Helena, ​

I am sorry if I gave offense during our talk yesterday when I incorrectly assumed you were suffering from domestic abuse. ​

Your partner had been calling me and other co-workers (Marissa, Jan) for the last 4 months whenever he couldn’t get a hold of you. His frequent calls twice per day seemed excessive to me. Additionally, I noticed that you appear distraught whenever he contacts you. I’ve been concerned for you as you appear less lively recently. ​

Regardless, I hope that you’re going to be better. I am happy to talk any time.​

These resources might not be relevant to you but just in case, here are some services our organization offers for employees living with domestic abuse: […]​

Here are also some local services near our workplace that might be helpful: […]

Only you and I have access to this mail.​

Apologies again and best wishes, ​

Max