Proving Emotional Abuse In Court
How impossible is it?
In today’s society, topics like physical abuse or domestic violence are repeatedly discussed, and there are many helpful outlets and resources for victims. These issues affect thousands of people across the nation. Abuse, however, comes in different forms, some of which don’t involve any visible evidence. When abuse only occurs on a verbal or emotional level, it’s more often than not, treated with silence.
Those who decide to take legal actions against their physical abusers might do so because they know there are laws that can protect them. According to the National Committee Against Domestic Violence (NCADV), support hotlines for domestic violence receive over twenty thousand emergency calls every day. Victims who suffered from strictly emotional or psychological abuse, however, may choose to forgo that call for help.
“Emotional abuse may be harder to identify than physical abuse, but that doesn’t make it any less harmful,” wrote Christopher Coble, senior writer of consumer blogs and FindLaw.com at Thomson Reuters in a story on emotional abuse. “Whether in the context of marriage, family, or even strangers, emotional abuse can leave lasting and sometimes physical effects.”
Sarah O., a victim of emotional abuse who asked to stay anonymous, has suffered from the daily abuse by her partner. She said he has never been physically abusive towards her, but feels that the lack of a defined law on emotional abuse is the reason why she, and most other victims, might decide against taking any legal action.
“People in those situations often feel helpless, because there is no physical evidence, so it’s hard to prove,” she said. “If I had to prove what happened to me to authorities, I would have no case, because it would basically be my word against his.”
She said not only the missing law for emotional abuse is an issue, but also the fact that victims often think their experiences wouldn’t be considered severe enough by officials.
“I think many people feel like there is nothing the authorities could do anyway, since their partners are not actually harming them physically,” Sarah said. “You can’t see a broken spirit, even if it’s there.”
Shahida Arabi, bestselling author of self-help books for victims of narcissistic abuse, has experienced abuse not only in toxic romantic relationships, but has also dealt with a verbally abusive father as a child. She suggests that the way society views these types of relationships is another factor why victims often never even consider getting help, much less the help of authorities.
“Our society is always telling us, ‘Oh, you’re just in a bad relationship’, or, ‘You’re just incompatible’,” Arabi said. “That can be true, but if the other person is abusing you, that’s different. We tend to minimize what’s happening all the time.”
This minimization of emotional abuse is an issue, as the consequences are very serious. “Psychological abuse independently causes long-term damage to a victim’s mental health,” according to the NCADV. “Victims of psychological abuse often experience depression, post-traumatic stress disorder, suicidal ideation, low self-esteem, and difficulty trusting others.”
How can victims protect themselves?
In her research, Arabi said there are a few options victims of emotional abuse might want to consider. “One of the pathways to gaining legal justice is with the existing laws,” she said. “Even if they don’t have a law on emotional abuse, they still have a law on stalking and harassment.”
In his story on the options victims of emotional abuse have to seek help, Coble lists some of these laws, which include domestic abuse, stalking, child abuse or elder abuse. However, he also suggest considering other types of lawsuits.
“Criminal statutes aren’t the only recourse for emotional abuse,” he said. “In some cases, victims of emotional abuse or their families can file civil lawsuits.” He added that many of these lawsuits can be negligence or wrongful death claims, but most lawsuits for emotional abuse will be based on an intentional infliction of emotional distress.
Whether or not to take any action to receive legal support is a difficult decision. While any type of verbal abuse might seem hard to prove, there are things victims can do to document the abuse, which could be useful should the victim ever decide to press charges.
Loveisrespect, a project funded by the National Domestic Violence Hotline, suggests keeping a journal where all details of any incidents of abuse will be recorded such as time and date, description of any injuries, statements that were made and a description of the scene.
Also, printing out any digital evidence such as emails, texts, call logs, or screenshots of any activities on social media. This documentation should be safely stored through a secret email address, a password-protected online journal, or at a hidden place the abuser will never find.
Even though a legal battle will be harder under current U.S. law, there is still hope for victims to get the justice they deserve.
“It’s about what you’re comfortable doing,” Arabi suggested when talking about victims who are unsure of how to proceed. “Think about the pros and cons, about what can I emotionally deal with, and what would make me feel the most safe.”
