What should I do if the alleged rape victim wants to drop the charges? If the alleged victim in your case wants to drop the charges, this could appear to be a positive development, but you should essentially do nothing. In Missouri, criminal cases are handled by the prosecution, not the alleged victim. Even if they no longer want to pursue the case, you need to speak with an expert rape defense attorney right away. The prosecutor may still move forward.
What to Do If the Alleged Victim Wants to Drop the Charges
While the alleged victim’s desire to drop the charges could influence the prosecution’s decision to pursue your case, the ultimate authority lies with the prosecutor. No matter the reasoning, here’s what you should do as soon as possible:
Contact an Experienced Criminal Defense Attorney Immediately
Having a knowledgeable criminal defense attorney is essential in fighting for the best possible outcome. At Combs Waterkotte, our lawyers understand how to use this type of development to your advantage while still preparing for all possible outcomes.
Avoid All Contact With the Alleged Victim
Even if they appear to want to help, direct communication could be misinterpreted and harm your case. Anything you say could be taken out of context and then used against you. Let your attorney handle all interactions to make sure your rights are protected.
Provide Evidence to Support Your Defense
If the alleged victim is willing to recant or clarify their accusation or statement, your lawyer can present this to the prosecution. There are several reasons this could happen, including fear of retaliation, financial dependence, a desire to keep your family together, or even an outright false accusation. Whatever the reason, the Combs Waterkotte legal team can leverage this to your advantage. This could result in case dismissal, reduced charges, or favorable plea options.
Prepare for the Possibility of Prosecution
Even if the alleged victim wants to drop the case, the prosecution may proceed based on the evidence. Typically, the prosecutor will weigh the following factors:
- Whether they have sufficient evidence to secure a conviction without the cooperation of the alleged victim.
- The strength of the physical or electronic evidence against you.
- The possibility of a plea bargain for lesser charges.
- The emergence of any new physical evidence that could exonerate you.
- Whether other credible witnesses have refuted the alleged accuser’s original story.
If any of the above sway in your favor, the prosecution can dismiss the charges orally in open court or in writing. The dismissal can be:
- Without Prejudice: The prosecution can refile the case within the statute of limitations—which is 3 years for a felony in Missouri.
- With Prejudice: The prosecutor can’t refile the case.
Accused of Rape in Missouri? Call Combs Waterkotte Right Away
The Combs Waterkotte criminal defense attorneys have extensive experience in rape and sexual assault cases, as well as cases where the alleged victim wishes to withdraw their complaint. We have successfully handled over 10,000 cases just like yours. We’ll leverage this development strategically, working toward the best possible outcome.
Call our rape defense team immediately at (314) 900-HELP or reach out online to schedule a free, confidential consultation and let us starting building your defense.
