Q: Can a victim be forced to testify

A: In some situations a victim can be forcecd to testify. You may assert your right not to testify if you have a 5th Amendment Right not to incriminate yourself as to any crime, including perjury in the charges, drug abuse etc. If you are married to the alleged abuser, you can assert marital privelege or spousal disqualification to preclude testimony. However, if you simply had a change of heart that will not fly -and you may be compelled to testify if you are properly summonsed to Court and appear.

You are a witness or victim to a case that is brought by the Commonwealth, who has been designated to prosecute crimes. The case is not yours to pursue or drop, you are just one part of a system of justice. You have a right to be heard as a victim as to sentencing and resolution, but as soon as you suggest you dont want to prosecute the Office of the District Attorney is likely to consider that you are an abused person that the State must exert it's authority to protect. You may have all manner of education and independance, and be fully equipped to make this decision for legitimate family or other reasons, but to the Office of the DA, you might be a battered woman making a decision that compromises your health and safety. There is an irony to the position to be sure.

If you are sure that you do not want to testify, you may want to let the Defendant's attorney know, or hire your own attorney to buffer you from direct communications with the prosecutor, and advise you of your legal rights. Your options will be fact specific and more than general information such as this. Keep in mind that even if you do not show up to court or testify, the prosecution will often go continue prosecution with a circumstantial case based on 911 call recordings, testimony from restraining order hearings, dangerousness hearings and photographs of physical injury or disarray to the home. Good luck-