MEMPHIS, Tenn. — Fighting for your life may land not only your attacker, but also you behind bars.
Some domestic violence victims are hesitant to report their abuse, because they are afraid of getting accused themselves.
WREG spoke with the Tennessee Department of Safety and Homeland Security Commissioner Bill Gibbons about the epidemic that is domestic assault in Memphis.
Commissioner Gibbons said without other witnesses, it can very quickly turn into a he said, she said scenario for law enforcement.
Carolyn Phillips was arrested and charged with assaulting her boyfriend with pepper spray during a fight.
But she told police Darron McKinney was choking her, and she had to fight him off.
McKinney was arrested too, but some questioned how police determined who the primary aggressor was in the domestic violence situation.
Jordan Moore with the Family Safety Center is a domestic violence survivor herself and said the fear of being accused by their abuser could prevent victims from coming forward.
“I don’t want victims to be out there and not call the police when they need them, because they’re afraid they’re going to be taken to jail too. We never want to have that.”
Commissioner Gibbons admitted it put law enforcement in a tough spot.
“Under our state law, the preferred response is to make an arrest. That law enforcement officer has to determine who the primary offender is. That’s a judgement call,” he said.
They use statements from the people involved and visible injuries to make that call.
Sometimes both people in the relationship are abusive, but Memphis Police are working with officers to better prepare them for domestic violence calls.
“We are working to see less and less of that where we are training law enforcement to look for who the primary aggressor is,” Moore explained.
Moore said if you are a victim, there are things you can do to protect yourself from being unjustly accused.
“When you’re in these situations, document. Keep all of your stuff, anything that you can do to demonstrate. Even previously when you’ve been victimized by this person. Those things do help,” she said.
Commissioner Gibbons said domestic violence accounts for half of all violent crime in Memphis.
