Legal Question in Criminal Law in California

if a victim files a report but refuses to press charges, can the charges still be brought up against the suspect? this is in regards to sexual abuse. The victim is an adult now. and does not want to press charges.


Asked on 5/22/11, 4:12 pm

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

Yes. The decision is the prosecutor's, not the victim's. And the prosecutor can make the victim testify even if she doesn't want to.

Sometimes a prosecutor will not pursue a case if the victim doesn't want him to. This seldom happens in sexual abuse cases, since victims often only change their minds due to pressure from the defendant. The prosecutor is especially likely to pursue the case if the victim was a minor at the time, which is what you seem to be saying.

Read more
Answered on 5/22/11, 5:04 pm


Related Questions & Answers

More Criminal Law questions and answers in California