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If a U.S. victim of sexual assault leaves the country what happens.
Already Tried: If a U.S. victim of rape returns to the U.S. what are the consequences.
If the victim of the assault leave the country yhe fiscal will continue tha acusation againts the criminal and if the victim do not ask for a civil indemnization he/she will not get it
But the procedure will continue with out the victim, is not matter that he / she leaves the country, the procedure will continue without him/her
Thank you for your response. What the family is being told by the prosecutor is if the victim leaves and drops the charge, the accused can bring a charge for false accusation. The victim is also being told that she must testify unless she does drop the charge. At this point, she just wants withdraw the charge and leave the country (and put this behind her), but is concerned about what the prosecutor is telling her. Thus, does she have any risk if she just leaves the country.
Its very improbable what the assaulter put a demand against her if the acussation is true, even is he denounces that, the fiscal could no take consideration of it
But she will call to declare in court fot the sexual assault and if she does not go the fiscal could stop the procedure.
The charge for false acussation will not prosperate if she is out of the country anyway
She really takes any risk if she goes, and if the family wants she do it, may be a very good thing for her to do, I think its very improbable that a procedures against her takes place
My advice is that if she want to go, its not a bad idea and she can go without risk
Experience: Spanish Attorney.