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.
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.