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HiThank youUnfortunately, if the police have spoken to her then the State may proceed with prosecution based on the testimony of the police who took her interview. So, whether she appears or not would be of no consequence, if the DA wants to proceed Additionally, if she is subpoenaed and does not appear, the court can issue a warrant to have her brought to the court. Now, because she is a "Victim" that probably would not happen, but it is a real possibilitySo to answer your questions - unfortunately, no. It appears there may be enough in a police report because of her interview to proceed with that evidence. It is not the evidence they have that you state - but what has she told