Grand Forks, ND asked in Criminal Law for North Dakota

Q: Can a 13 yr old that is accusing a male age 26 yr old of rape leave the state while involved in a open case?

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1 Lawyer Answer

Lucas Wynne

Answered
  • Criminal Law Lawyer
  • St. Louis Park, MN
  • Licensed in North Dakota

A: The thirteen year-old victim/witness should certainly appear for all court proceedings and may consider retaining an attorney if the prosecutor is not properly advocating for the victim. With that being said, there is nothing per se that would prohibit a victim from leaving the state unless a court order is in place. However, the victim should not leave the state in order to avoid questioning by the court. It sounds like this situation is complex. Therefore, you should not rely on this information as being specific to your scenario. Instead, you should consult directly with an attorney to determine if you are permitted to leave the state. I hope that helps.

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