When you face a criminal charge that involves an alleged victim, you may hope that the case will disappear if that person refuses to testify. You may feel fear, anger, or confusion. You may also hear others say that the alleged victim can “drop the charges.” That belief is often wrong. The prosecutor, not the alleged victim, controls most decisions in a criminal case. This includes whether to move forward without the alleged victim’s help. In some cases the law can even force the alleged victim to testify. Other times the law blocks the government from using certain statements. The rules can change based on the type of charge, past history, and safety risks. This blog from Bruno Lilly LeClere, PLLC explains when an alleged victim can say no, when the court can say no, and what that means for you.
Who Decides Whether a Case Moves Forward
You might hear that the alleged victim “presses” or “drops” charges. That phrase can mislead you. The government brings the charge. The government also dismisses it. The alleged victim can share wishes. The prosecutor often listens. The final choice belongs to the prosecutor.
Prosecutors often rely on written policies. Many offices follow “evidence based” prosecution in family violence and child abuse cases. That means they try to move ahead even if the alleged victim stays silent. They may use photos, body camera video, medical records, or witness statements instead.
You can read how charging decisions work in general criminal cases in this overview from the U.S. Department of Justice: Principles of Federal Prosecution.
When Can the Court Force Someone to Testify
The court can issue a subpoena. A subpoena is a court order that tells a person to come to court and give testimony or bring records. If the alleged victim receives a subpoena and ignores it, the judge can respond with fines, a warrant, or contempt.
Here is what usually happens when an alleged victim receives a subpoena.
- The prosecutor requests the subpoena.
- The subpoena is served on the alleged victim.
- The person must come to court on the date listed.
- The judge decides whether the person must answer each question.
The judge can excuse certain questions. The judge rarely excuses an alleged victim from the entire hearing unless the law gives a clear right not to testify.
Common Legal Reasons Not to Testify
Some alleged victims have legal rights that can block or limit testimony. These rights depend on the facts of the case and the laws in your state.
Common Grounds That May Limit Testimony
| Ground | Who Can Use It | What It Can Do
|
|---|---|---|
| Spousal privilege | Married person in some cases | May refuse to testify against a spouse in some criminal hearings |
| Privilege for private talks | Patient, client, or penitent | Can block testimony about talks with doctors, therapists, or clergy |
| Fifth Amendment | Any witness | Can refuse to answer questions that may show new criminal conduct |
| Safety protections | Victims at risk of harm | May limit contact or shape how testimony happens in court |
Spousal privilege is narrow. It often does not protect statements made before the marriage. It often does not block testimony in cases that involve violence in the home or crimes against children. Courts treat each case carefully.
What Happens If the Alleged Victim Refuses Anyway
Sometimes an alleged victim stands in court and says “I refuse.” That moment can feel tense and raw. The judge then chooses among several responses.
- The judge can warn the witness about contempt.
- The judge can give the person time to speak with a lawyer.
- The judge can hold the person in contempt for continued refusal.
- The judge can limit questions if the law gives a right not to answer.
Contempt can lead to jail or fines. Courts do not use that power lightly. Courts still use it when they believe the law requires testimony and the witness defies the order.
Can the Prosecutor Use Statements Even Without Live Testimony
Even when the alleged victim will not testify, prosecutors may try to use earlier statements. The U.S. Supreme Court has set rules on this through the Sixth Amendment right to confront witnesses. The rules can be complex.
In simple terms, courts look at two main questions.
- Was the earlier statement made during an emergency or to get help
- Was it made instead for use in court later
If the statement looks like it was for use in court, the accused often has a right to cross examine the person. If the person refuses to testify, the judge may keep that statement out. If the statement came during an emergency, the judge may allow it even if the alleged victim does not testify.
You can read about basic rights of crime victims and witnesses in this guide from the Office for Victims of Crime: Victims Rights and Services.
How Domestic Violence and Family Cases Differ
Domestic violence, dating violence, and child abuse cases often follow different patterns. Prosecutors in these cases expect that some alleged victims will pull back. Many fear more harm, more control, or loss of housing or children.
In these cases prosecutors may:
- Use 911 recordings, photos, and officer body camera footage.
- Rely on medical records and neighbor statements.
- Ask for “no contact” orders even if the alleged victim wants contact.
Some states allow the court to use certain past statements by the alleged victim when the judge believes the accused caused the person’s absence or silence. Courts treat that as “forfeiting” the right to confront that witness. The standard for this is high. The judge must see strong proof that the accused pressured or harmed the witness to stop testimony.
How This Affects You if You Are Accused
If you face a charge, you should not count on the alleged victim’s silence to end the case. The prosecutor may find other ways to present proof. You also risk new charges if you reach out and try to control or pressure the alleged victim. That includes pressure by text, social media, or through others.
You can protect yourself in three direct ways.
- Follow all court orders, including no contact terms.
- Do not talk about the case with the alleged victim or witnesses.
- Speak with a defense lawyer about your rights and options.
How This Affects You if You Are an Alleged Victim
If you are an alleged victim, you might feel torn. You may want safety and also want the case to stop. You may fear what will happen if you testify. These feelings are common. You are not alone in them.
You can take these steps.
- Ask the prosecutor’s office for a victim advocate.
- Write down your questions about testifying and share them with the advocate or a lawyer.
- Learn what safety steps the court can order for you and your family.
Remember that honesty in court protects you. If you lie to avoid testifying, you risk charges for perjury. That can create more pain for you and those who care about you.
Key Takeaways
- The alleged victim usually cannot “drop the charges.” The prosecutor controls that choice.
- The court can force testimony through a subpoena, unless a clear legal right applies.
- Refusing to testify can lead to contempt, but safety and legal rights still matter.
- Both accused people and alleged victims need clear legal advice before any court hearing.
