Consequences if a Domestic Violence Victim Refuses to Testify
A victim of domestic violence has the choice to testify on either side of a legal proceeding. They may also decide to not participate in the proceeding at all. The victim’s decision may affect the case to a lesser or greater degree depending on the circumstances. But when the victim’s testimony is critical to the outcome of the case, the decision to not testify may make or break the case.
The consequences of those that refuse to testify may often appear in the conviction of a loved one when the defendant relies on such testimony. Other impacts felt through the lack of testimony when the defendant is guilty, and the victim refuses to take part. When he or she suffers injury or significant duress, the need to follow-through with the trial is important. Sometimes, the person needs to testify to prevent others from suffering the same fate. Other times, the person should take part in the trial to ensure that the person achieves a not guilty verdict.
The Influential Role
In many domestic violence cases, the victim that suffers injury FIND MORE LEGAL ARTICLESSEARCHor trauma from the accused becomes the center role in the case. He or she may have a significant part to play by providing testimony against the other person. It is generally this person that first calls for law enforcement help when the other person begins a violent incident. It is even more crucial to testify against him or her if the accused attempted to seriously harm the victim through a weapon, by going after another loved one or through continual abuse haga clic aquí. Keeping the person away from the family and home is critical to stop the domestic violence from occurring again in the future.
Help for the Defense
Many law enforcement officers will hold a person to domestic violence when a neighbor hears a fight, in a witness statement of abuse or violence or when someone calls the police on the household. In these instances, the accused may face charges even if he or she is innocent of the activity. Without someone to testify on his or her behalf, he or she may face a conviction at the conclusion of the trial. The statements of the prosecution and other corroborating witness testimony may remain sufficient for a judge or jury to convict the person of domestic violence without a witness in the household providing testimony that refutes everything else.
For the Prosecution
While the prosecuting lawyer does not need a witness to press charges and proceed with the case, the witness testimony may lead the judge or jury to understand what happened within the house. The times, degree and severity of abuse and violence need an accounting to the courtroom. Without the necessary testimony, the judge or jury may not fully realize how harsh or to what degree the violence harmed those inside the home. However, the victim may testify against the defendant and help the prosecution seek justice in the matter. Consequences of any lack of testimony may lead to further violence, injury and possible death.
The Case of Domestic Violence
When the prosecution receives information about the domestic violence situation, the lawyer working for the prosecution will gather as much evidence available just like the criminal defense lawyer. However, the prosecuting lawyer often does not stop the case if the victim refuses to testify. The defense side will need the testimony of the victim to free the accused from charges if he or she is not guilty of the incident. The prosecution will attempt the same thing to convict the person when the lawyer believes that the defendant did participate in harming the victim. Then the person affected most by the violence will need to choose whether to help either side or remain out of it all.
Even if the victim refuses to testify, he or she may help the prosecution through material evidence with pictures, medical data and the words spoken during the altercation. Children affected by violence in the home may also provide evidence to the prosecution through fear or intimidation from the defendant. These may then affect the judge or jury if either legal counsel attempt to call one of these individuals to testify for or against the accused.
Legal Assistance in Domestic Violence Cases
When the victim refuses to testify, it affects the case of the defendant through lack of support. Then, it is critical to let a lawyer take over and implement a defense strategy to support the defense case. This may even require refuting other witness’ statements and evidence.
Provided by HG.org