Sex Crimes, Sex Offenders Can a rape victim be forced to testify

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Slbinkc

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Jurisdiction
Missouri
My daughter was raped by my brother in law 3 times before she told us. He has been arrested and is in jail. She gave a statement and gave the sexual harassment Facebook messages he sent her to the detective. My daughter doesn't want to do this but the prosecutor won't drop the charges. Will she be forced to testify if she doesn't want to? I am going in to talk to the prosecutor and I just want to know what our rights are because I have a feeling she has none in this case.
 
Slbinkc said:
My daughter was raped by my brother in law 3 times before she told us. He has been arrested and is in jail. She gave a statement and gave the sexual harassment Facebook messages he sent her to the detective. My daughter doesn't want to do this but the prosecutor won't drop the charges. Will she be forced to testify if she doesn't want to? I am going in to talk to the prosecutor and I just want to know what our rights are because I have a feeling she has none in this case.
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I hope your daughter recovers from the physical and mental damage that has been wrought upon her by a very evil THING, that appears in human form.

How old is your daughter?

If she's under 10 years of age, a psychologist or psychiatrist will be very helpful in avoiding testimony, IF it would damage her recovery.

If she's between 11-14 years of age, I recommend having her meet with psychiatrist/psychologist, rape counselor, and an attorney.

No matter her age, you should be present, mom.

If she's between 15-17, same advice, but you must also be involved.

It is in her best interests to testify, if she is mentally able to do so.

If treatment will help her testify, the trial can be delayed until she is better able to cooperate by telling her sad story.

If she doesn't testify, the rapist will be free to harm other innocent girls, or women.

She might be the only one that can protect others from harm.

Testifying might help her save herself, too.

No one can be forced to testify.
Anyone can be compelled to appear to be a witness.
All of us have the right to say, "I don't recall", "I wish to invoke my fifth amendment protections", however, I suggest you and your daughter consult with rape/crisis counselors, and a couple local attorneys.

Its not wise to discuss anything with the prosecutor BEFORE you've sought advice from rape/crisis counselors, and a couple criminal defense attorneys.
 
army judge said:
I hope your daughter recovers from the physical and mental damage that has been wrought upon her by a very evil THING, that appears in human form.

How old is your daughter?

If she's under 10 years of age, a psychologist or psychiatrist will be very helpful in avoiding testimony.

If she's between 11-14 years of age, I recommend having her meet with psychiatrist/psychologist, rape counselor, and an attorney.

No matter her age, you should be present, mom.

If she's between 15-17, same advice, but you must also be involved.


No one can be forced to testify.
Anyone can be compelled to appear to be a witness.
All of us have the right to say, "I don't recall", "I wish to invoke my fifth amendment protections", however, I suggest you and your daughter consult with rape/crisis counselors, and a couple local attorneys.

Its not wise to discuss anything with the prosecutor BEFORE you've sought advice from rape/crisis counselors, and a couple criminal defense attorneys.
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She was 17 one of the times and 18 the other 2 (it happened in a 4 month period). The prosecutor told me we didn't need a lawyer but I don't know how this works. I will also mention that my brother in law also has 5 current charges (drug related - and he has been told he will have to serve time), and everyone knows the prosecutor dislikes him.

My daughter is extremely depressed and has been put on antidepressants (I thought it was teen angst). I have her seeing a therapist next week. I don't want to pressure her or stress her out any further, obviously because she is my daughter, but also because her mental state isn't very stable right now.
 
Slbinkc said:
She was 17 one of the times and 18 the other 2 (it happened in a 4 month period). The prosecutor told me we didn't need a lawyer but I don't know how this works. I will also mention that my brother in law also has 5 current charges (drug related - and he has been told he will have to serve time), and everyone knows the prosecutor dislikes him.

My daughter is extremely depressed and has been put on antidepressants (I thought it was teen angst). I have her seeing a therapist next week. I don't want to pressure her or stress her out any further, obviously because she is my daughter, but also because her mental state isn't very stable right now.
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As suggested, seek the advice of her psychologist or psychiatrist, or other mental health professional.
 
You could speak with the prosecutor to find out just how they intend to question your daughter. If she is young and there are special circumstances there are ways they can limit her exposure to all this. They may also be able to use previous testimony and recordings.
 
Ask the prosecutor if daughter can have testimony videotaped or appear via video. She can also contact a local rape support group who will help her with this.
 
Slbinkc said:
She was 17 one of the times and 18 the other 2 (it happened in a 4 month period). The prosecutor told me we didn't need a lawyer but I don't know how this works. I will also mention that my brother in law also has 5 current charges (drug related - and he has been told he will have to serve time), and everyone knows the prosecutor dislikes him.

My daughter is extremely depressed and has been put on antidepressants (I thought it was teen angst). I have her seeing a therapist next week. I don't want to pressure her or stress her out any further, obviously because she is my daughter, but also because her mental state isn't very stable right now.
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You need to at least go consult with a lawyer. Also go with what was previously said.
 
Just a thought and my deepest sympathies for what is unquestionably a horrible, brutal and emotional time for you and your daughter. I can't imagine how you feel about your brother right now and don't know his state of mind. But if you do have a relationship, perhaps some type plea bargain might be feasible. If your brother still believes he's going to walk and is not accountable then I can't help but feel even more sympathy for you and your daughter. You can't choose your parents or blood siblings.
 
Michael M. Wechsler said:
Just a thought and my deepest sympathies for what is unquestionably a horrible, brutal and emotional time for you and your daughter. I can't imagine how you feel about your brother right now and don't know his state of mind. But if you do have a relationship, perhaps some type plea bargain might be feasible. If your brother still believes he's going to walk and is not accountable then I can't help but feel even more sympathy for you and your daughter. You can't choose your parents or blood siblings.
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As a note - he is her brother in law.
 
leslie82 said:
As a note - he is her brother in law.
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Good point. Although I just realized that I'm unsure of how the relation exists. Either way, if a plea bargain is possible, it's still within the realm of the best outcome possible for all parties, even though nothing can truly be considered a "good" outcome after something like this happens. Heartbreaking.
 
Thank you everyone for your help. Sorry I haven't responded sooner. The story just gets worse because my sister, who was on my daughters side, has now decided to take the side of a rapist. From what she told me, he won't plea, but since he has at least 8 other unrelated charges right now, I am hoping he changes his mind. We have spoken with the prosecutor and the victims advocate, and at least for now, my daughter and I doing better. She is seeing a therapist and she tells me it is helping, and I 'think' she is doing better. We are and always have been close, so I hope I'm not reading her wrong. Anyway, thank you.
 
Slbinkc said:
Thank you everyone for your help. Sorry I haven't responded sooner. The story just gets worse because my sister, who was on my daughters side, has now decided to take the side of a rapist. From what she told me, he won't plea, but since he has at least 8 other unrelated charges right now, I am hoping he changes his mind. We have spoken with the prosecutor and the victims advocate, and at least for now, my daughter and I doing better. She is seeing a therapist and she tells me it is helping, and I 'think' she is doing better. We are and always have been close, so I hope I'm not reading her wrong. Anyway, thank you.
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Counseling and talking about it to trusted people will help in time.

Keep her involved in her healing.

Unfortunately, she may have to testify.

So, discuss with her therapists (out of her presence) how she can be coached to prepare for that next big challenge.
 

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