If you are a witness to a rape do you have to go to court? for Questionland Seattle

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If you are a witness to a rape do you have to go to court?

My friend witnessed a guy raping a girl in the street on this wonderful holiday. She was kicking and screaming. He ran around the corner, called the cops, and didn't give his name.

I'm worried that without an official witness they won't be able to convict the rapist. My friend is worried that if he gives them his name he will be forced to appear in court, then tracked down and killed by some gang. He says he was forced into being a witness before, to a drunk driving incident. They threatened to send him to jail if he didn't appear in court.

Is it possible to send somebody to jail for not appearing as a witness? Will they release a witness's name without their permission? Does an anonymous witness count as evidence?

narftwenty asked in Legal 4 months ago | Report

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Griffin is right, but I add that it is important for people to stand up and be heard when they see something like this. rape victims are often vilified in court, made to feel like liars and that they deserved it because they were drunk, flirty, uncautious, whatever... Does your friend want it on his conscience that he did not do more to ensure that the rapist gets what he deserves?
And witnesses being threatened is not that common, does he have reason, apart from his earlier experience, to think that will occur?
Finally, most of us don't have an attorney, nor can we afford to get one to help us. In his shoes, I'd ring the relevant police station, explain what occurred and ask if they need him to make a statement.
What is that quote? Something about evil flourishing when good people do not act?

ozchick answered in Legal 4 months ago | Report

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Anonymous witnesses do not count as evidence because defendants (or their agents) have a right to cross examine witnesses during a trial.

The thing is, he called from his own phone, right? The cops know who he is because of that. He could refuse to testify if the victim chose to press charges, but that doesn't mean that he can't be compelled to appear in court via bench warrant. And, unless the victim somehow scores a closed court room, he'd have to testify in open court, and the defendant (and his associates) would see who he was.

His best option is to in the following order 1) talk to his own attorney to see what can be done to shield his identity since he's fearing repercussions, and 2) in conjunction with his attorney, talk to the cops. It may well be that he isn't needed due to DNA evidence, or the victim may have decided not to press charges.

What a shitty way to start the new year for all involved.

Griffin answered in Legal 4 months ago | Report

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I agree with all the answers below, but I also want to add the following. Your friend's fear that he will be tracked down and killed by some gang - is absoltely without any credible merit. First, most likley the rapist doesn't belong to a "gang," and two gang members are not stupid enough to retaliate against a witness in a rape case - especially when the witness is telling the truth and not fabricating evidence. In the 11 years I served as a federal and state public defender I have never seen a retalitory crime committed by a stranger on a stranger, all retalitory crimes were committed by feuding neighbors, or ex-girl/boyfriends etc. Tampering with a witness (which is the legal definition for a retalitory crime) carries severe penalties and few criminals are willing to risk thier freedom for a crime that has no monetary or logical benefit. Lastly - your friend has a ethical and moral obligation to testify - there is no choice in the matter.

Tricia Russell answered in Legal 4 months ago | Report

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asteria

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Yeah, it looks like witnesses in criminal cases can be subpoenaed to testify in court: RCW 10.52.040. I think your friend would have to make a compelling case that he would be in danger in order to get some kind of protection or be able to testify under a pseudonym, which would have to be argued by the prosecutor and approved by the judge. If he's in King County, he might want to try calling these numbers, from the King County Bar Association's site:

"If your legal issue is a criminal issue, contact the Public Defenders office at 206-296-7662, or you can call the criminal legal helpline Monday-Friday 12:15- 1:00pm at 206-447-3900 x 0 (Call only if you do not already have representation)."

I'm not sure if they can answer his question, but it doesn't hurt to pursue the free legal services before hiring a lawyer. I think if he is subpoenaed he could have a defense lawyer appointed to represent his interest if he refuses to testify, but I'm not sure about that.

His eyewitness acccount may not be all that crucial to the case - from my experience on a jury for an assault case, the witnesses will be asked if they can positively identify the defendant as the person who committed the crime, and that they actually saw the crime happen. So if it was dark and your friend didn't see the guy's face clearly, and wasn't close enough to say for sure that it was rape and not assault, he might not be called to testify.

I really hope he offers to be a witness. I've never been raped but was involved in an abusive relationship and it really, really sucks when people won't get involved in a situation like that. Abusers (and maybe some rapists) take advantage of people's fear of getting involved and keep doing their shitty deeds.

asteria answered in Legal 4 months ago | Report

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