Can I Still Be Prosecuted if the Victim Refuses to Testify?

For domestic abuse and violence charges, a person may still suffer through a trial with the prosecution pressing the charges for possible conviction even when the victim refuses to testify either for or against the defendant. However, there are some claims that fail without the testimony of the victim, and it is in these instances the defendant may succeed without the need for a trial.

The victim of an injury, altercation or crime often has the chance to provide testimony and testify in the courtroom as a witness for the prosecution. However, many harmed physically, emotionally or even psychologically may not take part in the case for various reasons. However, when the prosecuting lawyer gets ahold of the details and presses for the case to push through to a judge or jury, there is usually no need for the harmed witness to take part. The injured may increase the strength against the defendant, but he or she is not generally a necessary part of the case.

The Crimes with a Victim

Many crimes that involve a victim that survives may include less difficult or harmful actions such as domestic abuse, financial schemes, theft, gang-related violence, sexual and elder abuse and violations of restraining or protective orders. Whichever the crime, the victim does not need to testify when there is sufficient evidence to back the case. However, some crimes may demand the story of the victim so that the judge or jury may have a better understanding. The victim may also provide a much-needed emotional component that may connect the courtroom to the person that survived the trauma. Working with the prosecution, this is generally possible.

The Prosecution and the Case

There are many cases and situations that the prosecuting lawyer will continue to pursue the charges even when the victim decides not to take part in the courtroom. Sometimes the absence of this individual makes no difference in the case at all, but other times, the testimony is a necessary part. It is important to know what the difference is to attempt getting the prosecution to drop the charges. However, it is usually the evidence that will speak for the case. If the victim is the biggest piece of evidence, then not having him or her as part of the testimony may either significantly harm the case or lead to the charges dropped.

If there are sworn statements from multiple witnesses that place the defendant at the place and time of the crime, he or she may still need to build a strong defence against the charges. This usually includes corroborating evidence such as DNA or fingerprints. If the defendant admitted his or her guilt but later recuses the statement, this could lead to a prolonged courtroom battle. Other instances of a continued struggle are when the victim provided testimony in a preliminary hearing but later wants an out. The prosecution may use this and attempt to make a good faith gesture in getting the victim into the courtroom.

Evidence of the Case

Because the evidence is often the clear indicator if the prosecution is able to continue with the charges, the defendant may suffer a prolonged case until he or she is able to prove innocence. This may include instances of a 911 call, medical documentation of bruising or broken bones and the mental or emotional trauma of the victim. Stressful or excited tones in a call to the 911 operator may transfer to the courtroom as a piece of evidence against the defendant. As admissible evidence, it could demonstrate the guilt of the defendant even if he or she did not actually harm the other person.

Medical evidence through bruising or broken bones is another possible piece of evidence that may demonstrate to the courtroom that the defendant is guilty. However, this may not corroborate the actions of the person. The victim could suffer from other issues such as seizures, clumsiness or injury through other actions. Then, the matter may go through civil or criminal courts. However, without the victim coming forth, the litigation option is generally not a worry for the person.

Legal Defense from Domestic Violence

When defending against allegations of possible domestic violence when the victim refuses to testify, the defendant needs to hire a lawyer and build his or her case quickly. If the prosecution presses forward, this could occur due to overwhelming evidence that the defending legal team needs to refute piece by piece.