Is there grounds for a case dismissal based on a chief complaintant's admission she made false statements?

Question

A boyfriend broke into a girlfriend's apartment because he was worried about her pregnancy, drinking, and state of mind. The couple agreed to meet to dicuss having the baby. The agreement was made three days previous to meet on this Saturday (the day of the break-in). The girlfriend did not show up to the meeting, and did not return messages of concern from the boyfriend. After the break-in, the girlfriend told the police that the boyfriend was abusive in the past, and was worried that he broke in to harm her - a lie out of the girlfriends anger. The boyfriend never touched her, much less attempt to harm her. The boyfriend is erroneously charged with burglary with intent to harm. Later, she admits in court under oath that she lied about the abuse. She admitted to making a false report under oath. She also signed an affidavit of nonprosecution. Is there grounds for dismissal of the case due to the chief complaintants admisssion of making a false statement?

Answer 1

I don't know in what jurisdiction that this happened. However, the boyfriend certainally needs an attorney if he doesn't have one already. The attorney will be able to give you more information regarding the likely outcome of the case, based on his/her experience with that court and prosecutor.

That being said, let me give you some information based on my experience. With the fact pattern here, the prosecution may not be able to prove burglary with intent to harm. However, the prosecution may be able to prove burglary. Burglary is generally the entry into a structure without the knowledge or consent of the owner/occupant.

That being said, the girlfriend has admitted that she lied in her affidavit for prosecution, and has signed an affidavit of non prosecution. As a prosecutor, I would probably be tempted to let the boyfriend go with a diversion, (depending on his record) but I would prosecute her for making a false report and possibly perjury, (depending on the facts).

I also suggest that the boyfriend think long and hard about this relationship. If he is the father of the child, then he needs to be warned that he is involved with an unstable individual who is willing to perjur herself.

Answer 2

In most areas of English common law (USA and UK) burglary is a crime against a person and society. So even if the owner/resident declines prosecution, the state can continue. It is up to the prosecutor.

Burglary is an abuse of one's privacy regardless of the reasons.

It is never a good idea.

Answer 3

I would say yes, why would the prosecutor not dismiss the charge or the judge find insufficient grounds for prosecution?

Answer 4

In all legal fairness the case should be dismissed.