Legal Question in Criminal Law in Kentucky

abuse

i have a ? about a 15 year old who was beat up by her boy friend who is 18 there is an epo against him he is not allowed to come within 1000 feet of her or the family. he has been arrested for for beating her up he is out on bond now she does not want to testify against him she has swore under oath to the county attorney that he beat her up. there were 3 witness who seen it happen how can the one beat up be made to testify. if she doesnt can it be dismissed. what could happen?


Asked on 8/16/02, 11:23 pm

1 Answer from Attorneys
Jerome Baker Jr Jerome (Jerry) Baker Jr

Re: abuse

The simple answer to your question is this. Unless she has some privilege or immunity from taking the stand she can be punished by the contempt power of the court if she refuses to testify after being ordered to do so. And continue to be punished until she does testify truthfully. None of us have a legal right to withold evidence from the Court that does not tend to incriminate ourself or is not protected by some legal privilege against testifying (such as attorney client, husband and wife, etc.) A lot of things could happen depending on facts not stated in your question. I express no opinion there. Good luck.

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Answered on 8/17/02, 7:57 am


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