What will happen to the case and the defendant if the Victim of Statutory Rape doees not testify? 1 Answers as of July 06, 2011I am a victim of statutory rape but I do not want to testify. It is the State of Texas vs. So and So but I have not yet been given a subpoena and I do not know if I will be. In any way, I do not want to testify. What will happen to me if I am subpoenaed and I do not show up and what will happen to the case and the defendant?
Cynthia Henley, Lawyer | Cynthia Henley
If you are subpoenaed and do not show up, the State will ask the judge for a continuance. If you have been personally served, they can have you picked up and even held in jail under a witness bond (or you may be able to make the bond - like a defendant) until it is time for your testimony. If they do not call you to testify at trial, then they MIGHT be able to make the case using hearsay statements from you. (Those are statements made to others outside of the court which are offered in court for the truth of the matter asserted.) However, this is generally not true. If you do not testify supporting the prosecution, or if you do not show up and they do not pick you up, and if they cannot make the case without you, then they may make an offer to the defendant in the hopes that he will accept it and plead guilty. Generally this is for a significantly lesser charge / punishment than first offered. If not, or if he will not agree to accept an offer, then they will probably have to dismiss the case. However, depending on why they dismiss it, they can refile it in the future if the statute of limitations has not run (which it does not run until you are 28.)
Answer Applies to: Texas