If someone age 14 files sexual assault on a 24 year old and then the accuser drops the charges, can the state pick them up?

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If someone age 14 files sexual assault on a 24 year old and then the accuser drops the charges, can the state pick them up?

Asked on September 13, 2011 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The most basic answer is yes.  Whether the charge is a sexual assault or an assault/family violence charge, the state can always go forward with the charges.  The more serious the charge, the more likely the state is to "pick the charge up."  In reality, the charge is already the state's charge once a grand jury indicts a case.  Many district attorney's office will involve victims and seek their input on how to proceed forward on a case, but the final decision is up to the district attorney, not the victim.  If a victim is reluctant to pursue a case, though, many district attorneys offices will take that into consideration either in the form or a dismissal or a reduced sentence.  If you are charged with the sexual assault of a child, do not simply wait for the child to drop the charges.  You may want to visit with a criminal attorney to review other potential defenses.


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