Can a Case Be Dismissed if the Accuser Doesn’t Show Up? Combs Waterkotte attorneys Christopher Combs and Joshua Boardman discuss everything you need to know about Illinois sex crime charges, including sexual assault, sexual abuse, rape, and more.
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Interview Transcript
Scott Michael Dunn: Can a sex crime case be dismissed if the accuser doesn’t show up?
Joshua Boardman: They can and frankly it depends on what other kind of evidence is presented in that case, but if the sole evidence is just the witness testimony… And that witness then explains the circumstances to law enforcement. Well, the law enforcement officer themselves is not able to satisfy the burden of proof through evidence because they’re just hearing that from the witness. So if the witness is not there to personally testify as to what allegedly occurred, then the State has a very difficult time of meeting their burden.
Christopher Combs: We’ve got hearsay issues, right?
Boardman: Exactly. So chances are if the officer even tried to come in and say, “Well, I was told this.” We could object and the judge would probably sustain those objections without the sort of the present impressions and at least the descriptions and the statements from the witness themselves. And sometimes, frankly, that is a strategic move on our part and it brings a certain element into the case. Okay, do we set this case for trial because the alleged victim or witness or whatever now has left the state or is not cooperating with a crime victim advocate or have they come back and recanted their statement formally through some sort of affidavit process? So yes, sometimes there is a certain amount of bluffing that’s done with setting a case for trial knowing that the witness or the victim may not want to participate in that.
