How can the state prosecute if the victim doesnt want to?

UPDATED: Oct 24, 2011

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How can the state prosecute if the victim doesnt want to?

My son is being charged with sex crimes. The girls in the case were willing and don’t want charges but the state is prosecuting him.

Asked on October 24, 2011 under Criminal Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The district attorney's office by statute is required to protect the people of the county and state where the charges against your son are pending with respect to crimes of a sexual nature. The district attorney's office has the discretion to prosecute all crimes regardless if the alleged victim no longer wishes to press charges.

In your son's situation, it is not relevant if the alleged victims do not want to continue with their claims against your son. It is up the the district attorney's office to make the final decision to take the case against your son to trial or not per authorized statute.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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