Asked in Criminal Law for New York

Q: Can a rape victem withdraw her case in betwwen the trial?

Related Topics:
1 Lawyer Answer
Arkady Bukh
Arkady Bukh
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: My first question in return is: are we speaking of a criminal or civil case? In criminal cases the rape victim is only one witness and the crime is treated as a crime against the public. The police officers who saw the effects of the brutality, hospital staff who may have examined her, the results of the rape kit, any bystanders, etc... all of these people may bear witness to a crime having been committed and therefore it may be difficult or impossible for a rape victim to withdraw her case. Yes, it is possible, but it is not always allowable. I might also ask what is the age of the victim, because that plays a part in the answer, as well.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.