Can i be forced to talk/testify?

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inawe23

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I was recently subpoenaed to testify in a rape case of a woman I don't even know. The man who raped her is my mom's ex-husband who had abused me when they were married I was 5yrs old (I am now almost 31). He went to court and was convicted but was given a slap on the wrist (probation I think). Anyway cut to 25yrs later and my husband receives a ph call and its a friend/coworker of his who's an fbi agent working on a case involving a woman who was allegedly raped by a man who turns out to be my moms ex-husband. The agent says he would like to interview me about what had happened to me 25yrs ago because they feel i should testify. I told him I don't want to and he subpoena's me any way. So in less than a month I'm going to be interviewed and then the trial should begin. I feel for the past 25yrs I've been making painful but successful strides toward moving on and feel being forced to testify against a man who was already convicted of abusing me, in a case that has zero to do with me is only going to rehash old wounds and I already feel my anxiety level getting worse daily as we approach the trial. Can I be forced to talk again against this man? And if I don't can I be thrown in jail for not willingly talking and helping?
 
I was recently subpoenaed to testify in a rape case of a woman I don't even know. The man who raped her is my mom's ex-husband who had abused me when they were married I was 5yrs old (I am now almost 31). He went to court and was convicted but was given a slap on the wrist (probation I think). Anyway cut to 25yrs later and my husband receives a ph call and its a friend/coworker of his who's an fbi agent working on a case involving a woman who was allegedly raped by a man who turns out to be my moms ex-husband. The agent says he would like to interview me about what had happened to me 25yrs ago because they feel i should testify. I told him I don't want to and he subpoena's me any way. So in less than a month I'm going to be interviewed and then the trial should begin. I feel for the past 25yrs I've been making painful but successful strides toward moving on and feel being forced to testify against a man who was already convicted of abusing me, in a case that has zero to do with me is only going to rehash old wounds and I already feel my anxiety level getting worse daily as we approach the trial. Can I be forced to talk again against this man? And if I don't can I be thrown in jail for not willingly talking and helping?

Yes, anyone can be subpoenaed.

You must appear.

But, you aren't required to say anything.

You can simply say this tried, true. And tested phrase: "I'm sorry, I don't recall." or "I don't remember." or "I don't know anything about that."

Whatever you do, don't lie, to those jackbooted thugs, a memory lapse or misspeak can be a lie. That got Martha Stewart in trouble.

So, appear as the subpoena directs, and when asked say, any f the above phrases you choose. Or, craft one, using the phrasing that best suits you.

One final thought, you can also consult a lawyer. The lawyer can be with you when you meet with the jackbooted thugs. Sometimes the lawyer can have the subpoena recalled, eliminating the need for you to appear.

The lawyer can also make sure your rights are protected and you don't misspeak. The initial consultation with most lawyers is provided at no cost.

I wish you continued success in your recovery.


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From what I was told I'm just being brought in to reinforce that he's a bad guy. I don't think they have much of a case, its come down to he said she said and the agent who subpeonaed me said he denied raping the lady (of course) and they had no real solid leads to go on. Like I said I have absolutely zero to do with the case they just happened to find my name in some old court papers/records from 25yrs ago. I feel like I'm being used just to win a case, and after alls said and done they will move onto the next case and I will be left with open wounds whether they win or not. I know I do have to show up since I was officially given a subpoena but I just wanted to know what my rights are with regard to actually having to talk once again of things that happened yrs ago for somebody and a case I do not know or have knowledge of. I do plan on going to honor the subpoena but I told the agent I would not be talking, I just wanted to ask if I could be arrested for not talking period at the pre-trial interview.
 
From what I was told I'm just being brought in to reinforce that he's a bad guy. I don't think they have much of a case, its come down to he said she said and the agent who subpeonaed me said he denied raping the lady (of course) and they had no real solid leads to go on. Like I said I have absolutely zero to do with the case they just happened to find my name in some old court papers/records from 25yrs ago. I feel like I'm being used just to win a case, and after alls said and done they will move onto the next case and I will be left with open wounds whether they win or not. I know I do have to show up since I was officially given a subpoena but I just wanted to know what my rights are with regard to actually having to talk once again of things that happened yrs ago for somebody and a case I do not know or have knowledge of. I do plan on going to honor the subpoena but I told the agent I would not be talking, I just wanted to ask if I could be arrested for not talking period at the pre-trial interview.

You have the right to not assist a potential rape victim of your rapist.
You have the right to not consider future little children whom your rapist may defile.

They have NOTHING to do with you.
 
Hmmmm.

I'm wondering why OP has been called to testify at all. There is a conviction - what is to be gained by traumatizing the OP once more? Can the prosecution not use the conviction itself?

She was 5 years old and this took place 20+ years ago - any defense attorney would be able to challenge her testimony, surely?
 
I went to court with him in my case 20+ yrs ago he was charged but only given probation I believe. My case and her case have absolutely nothing to do with each other. Her case, the case I'm being subpoenaed for, happened two yrs ago. I honestly have no clue what happen, where it happen or any details whatsoever pertaining to her case I have no idea who she is period.
 
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