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victim withdraws allegation... then what?

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  • victim withdraws allegation... then what?

    Is the "offence" still investigated because the allegation has already been made? Would solicitors be privy to this information if the accused was then called in for a second interview?

  • #2
    This is a tricky one to answer and each case will be considered on its merits, even more so than initial allegations.

    The stock response is that if the CPS have independant evidence (apart from the complainants statement) that the offence occurred they may still proceed to trial even if the victim is not now willing to testify.

    Of course, with a false allegation, there will be no other evidence apart from the initial statement so. if the 'victim' now withdraws their allegation and so will not be able to be cross-examined in court the case is likely to be discontinued.
    'What doesn't kill you makes you stronger'

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    • #3
      However, it is not unknown for such a case to proceed. it really depends on the quality of the evidence in the ABE interview.

      Some complainants have made what is known as a "false retraction". For example if the perpetrator or the family has threatened to ostracise them, or they (or their witnesses) have been threatened with violence if they continue etc etc.

      Retractions have to be investigated to clarify the reason for it. It seems that at present the reason is unknown, hence the potential 2nd interview, if there is one.

      The solicitor would only be given what information the police want to give them, so may not know the details.
      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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