Arkansas § 12-12-109 Domestic violence investigation - Victimless prosecution

Arkansas Statutes

§ 12-12-109 — Domestic violence investigation - Victimless prosecution

(a)A law enforcement agency that investigates a complaint or accusation of domestic violence shall do so in a manner that allows the prosecuting attorney to prosecute the offense if the prosecuting attorney has probable cause an offense was committed and achieve a guilty verdict based on evidence independent of the testimony of the victim of the offense.

(b)Compliance with this section may be achieved through the collection of evidence, including without limitation:

(1)Witness statements;

(2)Properly obtained statements from the alleged offender;

(3)Medical records;

(4)Photographs or other media;

(5)Other physical evidence; and (6) Statements from the victim that are exclusions or exceptions to Rule 802 of the Arkansas Rules of Evidence.

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(a) A law enforcement agency that investigates a complaint or accusation of domestic violence shall do so in a manner that allows the prosecuting attorney to prosecute the offense if the prosecuting attorney has probable cause an offense was committed and achieve a guilty verdict based on evidence independent of the testimony of the victim of the offense. (b) Compliance with this section may be achieved through the collection of evidence, including without limitation: (1) Witness statements; (2) Properly obtained statements from the alleged offender; (3) Medical records; (4) Photographs or other media; (5) Other physical evidence; and (6) Statements from the victim that are exclusions or exceptions to Rule 802 of the Arkansas Rules of Evidence.

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