Many sexual assault cases involve misunderstandings between participants engaging in sexual contact. As a result, alleged victims may decide to recant their story, refuse to testify, or even ask the prosecutor to drop the charges against the accused once they have thought through things more clearly. This leads to the question: can the alleged victim refuse to testify in a sexual assault case? The answer is “yes,” but the circumstances surrounding this refusal may be more complicated.
Reasons Why Alleged Victims of Sexual Assault May Refuse to Testify
Alleged victims in sexual assault cases may refuse to testify because of various reasons, including the following:
- Worked things out with the defendant – The defendant and alleged victim may have been fighting, and the “victim” may have fabricated a story. Now that the couple is happily back together, the victim may recant their story to authorities.
- Remembered things differently – Sometimes, in the days after a sexual encounter, the victim may start remembering things differently, perhaps after the effect of drugs or alcohol wears off. They may no longer feel comfortable making such claims against the defendant that they no longer believe are true.
- Not wanting to make their private life public – Sexual crime victims may not want to discuss their private sexual life in a public forum, such as a court. Other sexual experiences may be brought up, and they may be embarrassed for this information to be made public.
- Fear of retaliation – The alleged victim may be afraid that the defendant or someone close to them may retaliate against them for making charges against them.
- Trauma – The alleged victim may have suffered trauma due to the encounter and may not want to relive this by testifying about it in court.
Colorado’s Rules on Victim Testimony
Sex crime victims can refuse to testify, but this decision can affect the legal rights of the accused and the accuser.
What Can Happen If a Victim Refuses to Testify?
Here are various potential outcomes if a victim refuses to testify:
Proceed with the Case
Prosecutors can still continue with a case, even without the alleged victim’s cooperation. It is solely in the prosecution’s discretion to determine whether to continue a criminal case or drop the charges, not the victim’s. The prosecution may continue if it has other compelling evidence that does not hinge on the victim’s cooperation, such as:
- Police reports
- DNA evidence
- Video surveillance
- Witness testimony
- Expert witness testimony
- Text messages, emails, and social media posts
- Emergency call recordings
- Medical records
Drop the Charges
The victim’s testimony can be pivotal to the case. Without it, the prosecution may not have sufficient evidence to proceed with the case and may decide to drop the charges as a result.
Subpoena the Victim
Even if the victim refuses to testify, the prosecution can subpoena them, compelling their appearance in court. The prosecution can treat the victim as a hostile witness if the victim refuses to testify while on the stand. The judge can hold them in contempt of court until they agree to testify. They can be subject to jail time, fines, and detention. This reality could cause them to reconsider their testimony.
Discuss Your Case in Confidence with Elaine E. Lukic
If you’re facing sexual assault charges, The Law Offices of Elaine E. Lukic can help. We can explore all potential defense strategies, including arguing that there is no complaining witness. We can discuss your particular situation in more detail during a confidential consultation. Call us at (888) 565-2217 or contact us online to get started.