In trial does a victim have to come to court?

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In trial does a victim have to come to court?

Asked on August 15, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Generally it is the right of an accused person to be able to confront the party that is accusing them of a crime.  So the answer would be yes, the victim (often known as the complaining witness) has to testify in court.  This is not always an easy thing to do, especially in a violent crime.  But without the victim's testimony the case against the criminal would be lost.  There are, of course, situations where a victim does not testify such as in a murder case.  Then witnesses testify or evidence testifies in their place.  Victims are given a lot of support in most areas by the police and social service agencies.  Seek out help if you are feeling nervous or worried.  You deserve to feel protected and safe during and after the process.  Good luck.


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