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Tue 15 Oct, 2013 04:31 pm
Sometimes an apparent crime is committed (e.g., rape). The apparent victim files a police report. The district attorney brings a criminal charge. Then the victim changes her mind and decides she wants to drop the matter. Then I read the DA is forced to drop the criminal case because the victim won't testify.
Why can't the victim be subpoenaed and required to testify?
If she wants to drop her civil case that is her business, but why is she allowed to withhold testimony in a criminal case?
@gollum,
Would you want to be the person putting rape victims in jail? I don't think there are many DA's who want to be in this position. I think that technically they could do put them in jail for not testifying... but that doesn't mean they should.
@maxdancona,
maxdancono-
Thank you.
Rape is just an example, if can relate to any type of crime. I think what may happen is the the perpetrator pays the victim to drop the civil case and refuse to testify in the criminal case.
I construe it as a bribe though the law does not define it as such.
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