Victim of sexual assault will NOT testify. What does that do to the case?

[Loach]

As a detective currently working SVU I can guarantee that our prosecutor will not push forward a case with an uncooperative victim. As the saying goes, no victim no crime.

[Shodan]

@River_otter

I am looking for options to protect my 33 year old disabled daughter who has been sexually abused by her biological father since the early '90’s. Then, she changed her name to mine, and a CPS letter threatening to return the matter to juvenile court, kept him away. Unexpectedly he picked her up some three years later and by the time she was back at her group home she was saying she wanted to get to know him again. Ten years later she disclosed, after several years of serious health problems (not necessarily a confirmation of her accusations) continuing abuse of a horrible nature. Her father is a fetishist who does sick and strange things and he is often accompanied by a woman friend. In 2010 my daughter opted to move to an undisclosed location and when he brought three lawyers into a hearing for a TRO, we were advised to try for an agreement as she was/is too dissociated (DID) to testify competently although she was eager to. The agreement relies on our being able to prove to an arbitrator that he attempted to contact.

Now, it is clear from her behavior that he has found her. For the first time in her life, she is rejecting me, and although I pay her rent, bills, budget I have no rights as a mom. Even if we catch him in flagrante, she may be too traumatized to testify. I believe he has a restricted number and am unable to access th #s or to prove anything.

Welcome to the SDMB.

I have reported your post, not because there is anything wrong with it but so one of the moderators can move it to the appropriate forum, probably MPSIMS.

I wish you well with your situation.

Regards,
Shodan

[dstarfire]

@Gfactor

I think we need to distinguish two issues:
2. Can the defendant compel the victim’s testimony?

Yes. http://www.voiceforvictims.org/fixed%20cases/SA%20v%20Superior%20Court,%20Maricopa%20County.htm *and see *:

Actually, that ruling says the defendant cannot compel the victims testimony, but the **court ** can.

Though there’s a bunch of other stuff in there that seems to say the defendant’s right to face their accused (as declared in the state constitution) precludes any right of a victim not to face the defendant (also declared in the state constitution).