NSW Withdrawing Sexual Assault Charges in NSW?

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27 May 2014
My friend had someone charged with sexual assault and for over a year now she has been trying to drop the charges with no luck. It's due to go to court next week and she has been summonsed etc....She does not want to go through with this case...by criminal law does she have to testify or can she refuse? We are in NSW. Thanks.

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
Ballarat, Victoria
I think she probably will to testify, especially if she is summoned. Which your friend may well be if she either does not turn up or flags prior to the day when she is due to give evidence, that she won't turn up. Unfortunately with these kinds of cases, once the justice 'wheels' are begun, it is often not possible for the thing to be stopped, as the police and or the prosecutorial authorities make their own independent decision as to whether to pursue the charges.
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Tim W

LawConnect (LawTap) Verified
28 April 2014
I agree with Paul Cott - once the summons has been issued, then she has to go to court.
And when she gets there, she has to tell the truth, and all of it, and only the truth,
in accordance with the oath she will take as a witness.

If she lies under oath (including lying by leaving stuff out, or
by pretending to be unsure, or by pretending to not remember stuff),
then she can be committing an offence herself.
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