Legal Question in Criminal Law in Illinois

Re: Rape case or not

case is the state vs. the defendant not you vs. the defendant. It is up to the state to decide

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Re: Rape case or not

I can certainly understand your reluctance to testify or otherwise pursue prosecution. You have already been through a traumatic experience and I don't blame you at all for not wanting to relive it. However, in many cases where the victim does not follow through the person who committed the crime goes free. In many of these cases that person continues the criminal behavior. Do you really want this person who attacked you to be free to do it again, either to you or to others? Many prosecutor's offices, as well as countless other agencies, provide counseling for victims of personal attacks. Perhaps you should look into getting some help coping with this horrible thing that happened to you. To respond to your question, you may ask the prosecutor to allow you to sign an affidavit of non-prosecution, but it will still be up to the prosecutor whether to proceed or not. filing an affidavit of non-prosecution will not get you into any trouble with the law, but it may force the prosecutor to subpoena you for trial and force you to testify against your will. I hope that you find a way to deal with this that will be best for you.

Re: Rape case or not

I can certainly understand your reluctance to testify or otherwise pursue prosecution. You have already been through a traumatic experience and I don't blame you at all for not wanting to relive it. However, in many cases where the victim does not follow through the person who committed the crime goes free. In many of these cases that person continues the criminal behavior. Do you really want this person who attacked you to be free to do it again, either to you or to others? Many prosecutor's offices, as well as countless other agencies, provide counseling for victims of personal attacks. Perhaps you should look into getting some help coping with this horrible thing that happened to you. To respond to your question, you may ask the prosecutor to allow you to sign an affidavit of non-prosecution, but it will still be up to the prosecutor whether to proceed or not. filing an affidavit of non-prosecution will not get you into any trouble with the law, but it may force the prosecutor to subpoena you for trial and force you to testify against your will. I hope that you find a way to deal with this that will be best for you.