Legal Question in Criminal Law in Massachusetts

spousal abuse

If a woman is beaten and raped by her own husband, and he has admitted (on video) to the police, is it really necessary for the victim to take the stand against her abuser?The D. A. is saying the case will not stand unless she does testify against him,can this be true??She does not want to go thru the humiliating details in public. Also she is blaming herself for it.She found a video of the entire event..He must've thought it wd. be amusing to look back on.If she turns this video over to the state,...wd. she still have to testify?


Asked on 3/06/00, 7:19 pm

2 Answers from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: spousal abuse

From your description it appears that the DA can prove the case without your presence. However, in a jury trial, you never know what the jury will think. Without your presence, the jury could easily return a not guilty. While it is a humiliating process, you should proceed and testify so that you have protection in the future. If you don't testify, you may be victimized again.

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Answered on 3/20/00, 9:06 pm
Russell Matson Russell J Matson Attorney at Law

Re: spousal abuse

The DA in the case is the one who has the decision of what witnesses to call and how to present the case. If the DA choses to subpeona someone, legally they can't refuse to testify except under limited circumstances that don't apply here. While I don't think the DA would necessarily arrest or jail a victim who didn't want to testify, in theory he could. The bottom line is if the DA wants someone to testify they don't have much choice.

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Answered on 3/20/00, 10:29 pm


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