Legal Question in Criminal Law in Minnesota
If the alleged victim in a criminal sexual conduct case (3rd degree) does not show up for trial could the case be dropped, or will they most likely proceed without her?
3 Answers from Attorneys
If the accused made admissions about the conduct, the case could be proved without the testimony of the alleged victim.
It would depend upon many other factors. For example, why did the original complaining witness not show up for trial? Will the court allow the prosecution to use hearsay as evidence at trial? Did the defendant make a statement to police? This is the type of question that should be discussed with one's lawyer, in light of all the evidence and information available.
A case may proceed on circumstantial evidence. However, it would certainly be a difficult case for the prosecutor. The prosecutor may seek to admit statements made by the victim as exceptions to hearsay and/or based on the victim's unavailability for court. there may also be physical evidence supporting the charges. As a result, each case would have to be reviewed on its own merits.
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