When a person is convicted of domestic violence in Washington, his or her case may go to trial where the court will hear evidence from both sides. The prosecutor’s case will likely rely heavily on testimony from the victim. However, there are some situations where a victim refuses to testify.
In Washington, victims of domestic violence can refuse to testify if they choose to do so. However, this refusal can be a major hindrance for the prosecution.
Why Would a Victim Refuse to Testify?
Domestic violence is a complex, highly sensitive offense. Under Washington law, this crime refers to violence committed between family or household members, such as spouses, parents, and former romantic partners.
Police officers are required to make an arrest if they believe that a domestic violence crime occurred within the last four hours. Additionally, the victim cannot request that the state drop or dismiss the charges against the alleged offender; only the prosecutor can make this decision.
As a result, many victims are reluctant to testify against the person who allegedly abused them. They may believe that domestic violence did not occur or that the incident was blown out of proportion by the prosecutor or police. They may simply not want the offender to get in trouble.
Whatever the case, victims of domestic violence have the right to refuse to testify in a criminal trial. However, they could be subject to a subpoena from the prosecution.
What Happens If a Victim Refuses to Testify?
To convict a person of domestic violence in Washington, the prosecutor will need to convince the jury that the crime occurred beyond a reasonable doubt. This means that they need to show that there is no other reasonable explanation that the jury could possibly infer from the evidence that is presented.
While there are numerous pieces of evidence that a prosecutor may present, the victim’s testimony is easily the most compelling. The victim can provide a firsthand account, under oath, of what actually happened. In many domestic violence cases, this testimony can help establish the appropriate burden of proof.
When a victim refuses to testify, the prosecutor loses this valuable piece of evidence. This could have a major impact on the outcome of the case, depending on the circumstances. The prosecutor may build the case on other pieces of evidence, such as surveillance footage and testimony from other witnesses, like passerby or the responding police officer.
Without good evidence, the prosecutor may not be able to build a strong case. In some cases, a victim’s refusal to testify may lead to the state dropping or dismissing the charges against the alleged offender.
However, there are some cases where the prosecutor requires the victim’s testimony and believes that there is reasonable cause to compel him or her to take the stand. In these situations, the prosecutor may issue a subpoena and force the victim to testify.
Speak to a Washington Domestic Violence Defense Attorney
If you or a loved one are facing charges for domestic violence, you need someone to advocate for your best interests. A Washington criminal defense lawyer can support you during this process and work tirelessly to achieve the best possible outcome in your case.
As soon as possible following the arrest, contact an attorney to discuss the charges and plan your next steps.