How can the state prosecute if the victim doesnt want to?

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How can the state prosecute if the victim doesnt want to?

My son is being charged with sex crimes. The girls in the case were willing and don’t want charges but the state is prosecuting him.

Asked on October 24, 2011 under Criminal Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The district attorney's office by statute is required to protect the people of the county and state where the charges against your son are pending with respect to crimes of a sexual nature. The district attorney's office has the discretion to prosecute all crimes regardless if the alleged victim no longer wishes to press charges.

In your son's situation, it is not relevant if the alleged victims do not want to continue with their claims against your son. It is up the the district attorney's office to make the final decision to take the case against your son to trial or not per authorized statute.


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