Legal Question in Criminal Law in New York

Sexual Abuse - First Degree

I have a friend that was accused of sexually abusing an 8yo girl - apparently the girl said she was touched and she saw private parts - he got arrested and up until now he has been going to court - we have hired a lawyer and apparently the accusers father has already said he does not want the case to go foward as he does not want the girl to go through all that - but the prosecutor wants to keep on with the case...based on what i have heard and seen there isnt sufficient evidence against him but the prosecutor still wants to keep on going even when the accuser does not want to keep on with the case. can the prosecutor do that? and why would he be doing this? my friend has already taken a lie detector test and the prosecutor saids he dont believe them? Can a lie detector test be used as evidence or they can just disregard that? and even if they dont have the cooperation from the accuser would they still have a case? or can they just be dragging this to maybe get some type of plea agreement for them and it would be better for them?


Asked on 12/07/07, 4:24 pm

1 Answer from Attorneys
James Kats James S. Kats, Esq.

Re: Sexual Abuse - First Degree

Yes, the prosecutor can keep the case pending against your friend, even though the accuser (and her family) do not want to help or testify, etc. The prosecutor could, if they wished, subpoena the accusing witness to a grand jury and to a trial, if it goes that far.

Results of a "lie detector" or polygraph cannot be entered as evidence, unless your friend and the prosecutor agree or stipulate to it being admissible.

The prosecutor may be waiting for the accuser to change her mind about testifying, or perhaps is keeping the case alive to pressure your friend into a plea agreement.

James S. Kats, Esq. www.lawjsk.com

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Answered on 12/07/07, 6:33 pm


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