Irvine, CA asked in Criminal Law and Sexual Harassment for New Jersey

Q: Will a person who turned himself in get charged for sexual assault even if the victim doesn’t press charges?

A person I know turned himself in for sexual assault but the victim didn’t press charges. Can the state still prosecute him even if the victim isn’t pressing charges?

3 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: The victim generally doesn't press charges it is done by the state otherwise a murder could not be convicted because the person they killed died and can't press charges. That being said the victim will have to at least testify/admit to the fact that the alleged incident did occur.

1 user found this answer helpful

Leon Matchin
Leon Matchin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: Yes even if they turn themselves in and victim doesn't place charges if there's evidence of it they will charge. That person shouldn't make any statements bc that's evidence.

Kristen Epifania
Kristen Epifania
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New Jersey

A: Yes, the state can still decide to go forward with charges. However, the case against the defendant will not be as strong if the victim is not cooperating.

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