Can a Victim of Sexual Assault Charges in NJ Drop The Charge?
In the State of New Jersey—and throughout the nation—criminal charges, such as those for sexual assault, are brought and governed by the state rather than by the victims. In other words, it’s up to the prosecution to determine if the original charge of sexual assault is valid and, if so, to levy a charge against you. This means that the alleged victim cannot simply drop the charge and make it go away. However, if the victim has lied or wishes to drop the charges, Ms. Cohen can often get the charges dismissed. If you are facing a sexual assault charge, don’t wait to consult with an experienced New Jersey sexual assault attorney.
Regardless of who accuses you of sexually assaulting someone else–whether it is the victim, a neighbor, a bystander, or anyone else–it is up to the prosecution to determine if the charge has merit and if there is enough evidence to levy a related charge against you. The victim – even if they are your accuser – has no say in the matter. If, however, your alleged victim can provide the state with reliable evidence that exonerates you from pending charges, it’s a different matter. It’s important to keep in mind that—ultimately—whether the state pursues a sexual assault charge or any other charge against you is up to them.
The Victim’s Role
The alleged victims of sexual assault can press charges against those they accuse, serve as important witnesses, or can handle both roles, but their testimony is just one piece of the prosecutorial puzzle. This means that if the state has the evidence necessary to proceed with a charge of sexual assault, it is obliged to do so – even if the victim has recanted or has dropped their original charge. Contacting an experienced assault attorney like Ms. Cohen, gives you the best chance of getting the charges dropped.
Reasons for Dropping Sexual Assault Charges
The prosecution has the right to drop sexual assault charges, and they commonly do so for primary reasons like the following:
- They don’t have the evidence necessary to convict.
- The police or the prosecution engaged in procedural errors.
- The victim refuses to cooperate, which seriously weakens the case.
- The credibility of the victim, such as having a history of mental illness or lying, or that of a witness, raises serious concerns.
As mentioned, only the prosecution can drop a sexual assault charge, but–if the alleged victim refuses to testify or to otherwise support the charge–it can dramatically affect the outcome of the case and may lead to the state dropping charges altogether.
Call an Experienced New Jersey Sexual Assault Attorney for the Help You Need
A charge of sexual assault is a serious legal matter, and even if the charge against you has no bearing on reality, only the prosecution can drop it. Jill Cohen at The Law Office of Jill R. Cohen is a savvy New Jersey sexual assault attorney who appreciates the severity of your circumstances and is well prepared to provide you with a skilled legal defense. To learn more, please contact us online or call 856-830-6433 today.
