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Government will not prosecute victim
Wednesday,
July 1, 2009
The government will not file charges against a woman who recanted claims about being raped by her boyfriend, forcing the prosecution to dismiss the case.
The High Court had ordered the Office of the Attorney General to determine whether charges should be filed against the victim. The government moved to dismiss Charges of rape and third degree assault against Petaia Uaealesi after the victim wrote to the government and Uaealesi’s attorney saying that she made up the allegations and asked that the case be dismissed.
A brief filed by Assistant Attorney General Lisa Teesch MacGuire in response to the court’s order states that it was not until the victim came under pressure from her own friends and family and friends and family of the defendant and after a conversation with defense counsel that the victim decided she wanted the case dismissed and submitted a letter saying she made up the allegations.
The government believes that the victim was indeed raped however it does not think the case can be proved to a jury given the odd facts of this case. While the government agrees with the court that it is appropriate to prosecute those who deliberately falsify allegations of rape or abuse, it says prosecuting those who recant prior statements is counterproductive and creates serious public outcry ramifications.
The government also believes if victims who recant are prosecuted, it creates a preexisting bias that sets a dangerous precedent deterring all victims from reporting sexual assault.
The government said it supports that the court wants to ensure that innocent defendants are not incarcerated wrongfully and that the court wants to ensure that victims and witnesses are protected from unlawful tampering and threatening by other witnesses involved in their cases. Nonetheless the government urges the court to consider that the victim in this case did not waste the court’s time.
Teesch MacGuire said when a victim recants an assault for safety concerns, or because of pressure from family and friends that victim deserves and needs the understanding and compassion of both the government and the court. That same victim is not likely to find compassion or understanding from the offender, nor from the community and thus victims can only hope to find the justice they desperately seek form the government that has sworn to uphold the law, and the court that weighs the interest of justice.
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