if a victim chooses to make herself unavailable in a rape case, can the prosecution, by ;law be allowed to present any physical evidence. and is there a law that states that the victim has to face the accused for a successful trial?
2006-06-20 00:21:54 · 9 answers · asked by SHIE L 2 in Politics & Government ➔ Law & Ethics
In ny the woman is allowed to give video taped testimony so as not to have to face her alleged assailant.
2006-06-20 00:24:48 · answer #1 · answered by snakeman11426 6 · 0⤊ 0⤋
According to law here in MA and I believe the United States, the suspect has the right to face his/her accuser. THERE are a few exceptions, Like when the victim is just a minor child. They at times will allow the child to testify on live camera where the suspect CAN SEE the victim face to face BUT the victim CANNOT see the suspect. If there is NO VICTIM there is NO CRIME type theory. Not 100% sure here but I'm at least 99%
2006-06-20 07:27:41 · answer #2 · answered by GRUMPY 7 · 0⤊ 0⤋
A rape victim's testimony is probably the most vital element for prosecution. In the CO case People vs. Bryant (Kobe Bryant of the Lakers), the prosecution moved to dismiss the case against Bryant solely based on the victim's refusal to testify.
2006-06-20 09:11:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The victim, unfortnately has to face the accused in court for a successfull trial, otherwise the person is bound to lose.
2006-06-20 07:44:04 · answer #4 · answered by medhruv 4 · 0⤊ 0⤋
the state is prosecuting... not like a civil law suit.
the victim can be subpoenaed and forced to testify if necessary. this is because the crime is against the state.
2006-06-20 07:25:32 · answer #5 · answered by bogart_that 3 · 0⤊ 0⤋
the victim should be present in court inorder for the trial to takeplace..also for the trial to be successful
2006-06-20 07:26:39 · answer #6 · answered by capricarno 3 · 0⤊ 0⤋
these things vary by state and locality.
Consult a local lawyer.
In some places... BELIEVE IT OR NOT... a VICTIM can be PROSECUTED for failing to APPEAR, once charges are levied.
2006-06-20 07:24:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋
if someone raped you why wouldn't you want to make sure he or she is punished
2006-06-20 07:26:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
you can inquire from a lawer
2006-06-20 07:24:19 · answer #9 · answered by Sajis 4 · 0⤊ 0⤋