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

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.

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Leon Matchin
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Answered

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.

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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