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Someone I know recently went to file a claim, because she was rapped and had other terrible things done to her by this man she knew. She recently heard that they are taking this to court and she has to be there. She told them that she wants to drop the charges and they told her to go to court and say she wants to drop it. The reason she wants to drop it is because she is afraid. I don't feel she should drop it. My question is, is it possible that they will go ahead and tell her she can't drop it when she gets to court? She is 19 years old.

2006-11-15 00:10:51 · 5 answers · asked by shirlandjerry@yahoo.com 2 in Politics & Government Law & Ethics

5 answers

It depends on the policy of the prosecutor's office in that jurisdiction. Most prosecuting authorities have a victim/witness program. She should contact this office and explain her fears. If she isn't already, she needs to contact a rape counseling center. There are a lot of issues going on here and she needs professional assistance.

I agree she should not drop it, and in fact, the decision to drop the matter is no longer hers. The prosecutor decides whether he/she has sufficient evidence to convict her attacker. In many cases, unless she is willing to perjure herself, then the case can go forward without her. If the medical evidence is strong enough, it may not be necessary for her to testify.

If she tries to claim that the event didn't happen and/or that the attack was consensual, they may file criminal charges against her for false reporting.

Again, I strongly suggest that she contact the victim/witness program there and also contact a rape counseling/crisis intervention center for assistance.

2006-11-15 03:46:47 · answer #1 · answered by Phil R 5 · 0 0

She can drop it when she goes to court, however, if she has to appear anyway, she might as well go through with it. Because if she's afraid now, she'll be 10x more afraid when she lets him go free. He will come after her.

She does have to show her face in court because that's the defendant's right. So if he can't see who his accuser is, then the courts would be violating his rights. So if she has to go, she might as well go all the way with it.

2006-11-15 00:41:23 · answer #2 · answered by Rica 82 5 · 0 0

Contempt of courtroom ability disobedience to the orders, technique policies or dignity of a courtroom which has the ability to punish for such offences. an on the spot contempt is insult or stand up to the powers of courtroom or judges. while a consequential contempt is one that creates a conventional brush aside of the authority of courts. If a individual makes any remark derogatory tot he dignity of a decide so as that unfastened administration of justice is jeopardised quantities to contempt. The underlying theory frequently courts stick to is that 'no rely if the action or remark of the alleged contemner interferes with or interrupt or thwart the direction of justice'. If the respond is in adverse then there is not any contempt. so some distance as your question is worried, it does not are available the purview of contempt of courtroom because of the fact questions are asked on assumptions and presumptions. of direction, questions indicating names and attributing malafides on the part of judges who gave a undeniable judgement would entice contempt of courtroom. The dictum is 'you may criticise a judgement yet no longer a decide'. in spite of the undeniable fact that, it may entice defamation lawsuits if names of the persons are stated with the imputations because of the fact it quantities to booklet.

2016-10-15 13:58:54 · answer #3 · answered by ? 2 · 0 0

Tell her to go to court. It will be difficult to face this man, but if she doesn't go then she is actually running away. The system can only help her as much as she allows it to and if he comes back and kills her, then she has no more chances to get him off the street.

2006-11-15 01:50:56 · answer #4 · answered by Snick S 2 · 0 0

She doesn't have to drop the charges. But if she does and he is being tried on just her case he will go free.
Would she like him to come back? It could happen.

2006-11-15 00:16:19 · answer #5 · answered by Anonymous · 0 0

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