Printable View
If the state is the one that brings charges against someone in a sexual battery case, instead of the person or parents of the girl making the accusation, if the girls decides not to testify or her parents decide not to have her testify does the state have to drop the charges?
No. The state can compel their testimony. And only the state has the ability to drop the charges.Quote:
Quoting bjsdj
I cannot think of a good reason why someone would want to let such a batterer get away with the crime. Can you?
- Carl
yes I to would feel like you do if it were a true statement, but when something like this happens that isn't true that is just a teenager wanting to get out of the house and have her way, they tend to start to back up the closer it gets to coming face to face with the innocent person they have accused.
But that's not what you wrote. You wrote asking about the girls not testifying or if their parents changed their minds about testifying.Quote:
Quoting bjsdj
The answer is still the same - only the state can drop the charges, and they can compel the witnesses to testify.
If the girl wishes to recant, then her or her parents need to contact the D.A. and let him or her know. They might decide to drop the charges, they might decide to charge the girl with a crime for making a false report, or they might decide that the girl is lying to protect someone or make her parents happy.
The girl and her parents need to talk to the DA.
- Carl
Sorry if I confused the issues, the problem is with the girl and step mother. The girl is afraid to recant because she is afraid of what will happen now that she has let it go on this long. She also knows the trouble this will cause her at home, They seem to think if they just don't testify it will just be a wash, kinda like no harm no foul, but we have dealt with this almost a year and it has torn out life apart.
Well, when the DA subpoenas her to court and she either gets caught in a lie or has to recant on the stand her life will be torn apart worse if the DA decides to prosecute HER for filing a false report.
She needs to talk with the DA.
- Carl