Q: Can a parent open a sexual assult case for their child who is over 18? (state Illinois)
If they believe an incident happend to their child while the victim was 17.
(when making a report)
Can it lead to a case being filed if the allaged victim does not consent or even if the alleged victim says the accusations are false?
If so will the alleged victim be able to testify even if the parents push for the 18 year old not to testify?
A:
Only the government prosecutes criminal cases.
You should make a police report and see where it goes.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Illinois
- (800) 342-5384
- View Profile
- Answered
A: Anyone can report a possible crime, but only the police or the prosecutor can 'open a case'. And yes the prosecutor can subpoena any person to court to testify.
A:
It doesn't matter what victim wants--victims and civilians CANNOT press charges. It's up to the prosecutor on pressing charges. Parent's can "open a case" If the crime is reported and an arrest is made, then the prosecutor will review the police report and decide if they are charging or not.
Parents have no say on who gets to testify. If victim or any one else is subpoenaed then they have to testify. If they don't then there are consequences for that
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.
