Legal Question in Criminal Law in California

there is a case for sexual assault that happened after the victim broke up with boyfriend. The couple was in a sexually active relationship when they were together. During the time of their relationship together they made a video of themselves having sex. the victim broke up and the boyfriend, he told her that if she had sex with him one more time after the break up he would distroy the video, he led her to believe that the tape was distroyed. After the breakup he sexually assaulted her. Now the sexual assault case is going to trial. The trial is going to be in a few weeks and the victim was told that this video still exists along with love letters that she sent to him during their 3 year relationship.The victim was told that this video and some of the letters will be shown in court. Can they really use this? The whole case is about the assault that happened after the breakup.They told her this can go against her unless she drops everything and then he will walks out clean with no charges. Can they really use this against the victim? When the assault happened after the breakup. Can this be a scare tactic they are using to get her to drop charges?


Asked on 9/12/10, 6:25 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The victim should report this threat to the prosecutor, who can ask the court to bar use of the video. The court might not agree, but there's a good chance that it will.

You're right that the accused might be trying to scare the victim so she'll drop the charges, but if her is he's in for a surprise. Whether to drop the charges is the D.A.'s decision, not the victim's. Threatening the victim this way will make the D.A. more eager to go after him, not less.

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Answered on 9/17/10, 6:33 pm


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