Sexual battery, when perpetrated against one’s intimate partner, will be filed as a California crime of domestic violence. Intimate partners in a same sex relationship include those who are or were formerly civilly united, those who have children together, those who are or were formerly living together and those who are or were formerly dating. Due to the intimate nature of these relationships, and especially to the intimate nature of a sexual encounter, there are many times when the partner who accused the other of sexual battery may want to take back or deny his or her original accusation.

A recanting witness (commonly referred to as a recanting victim in a domestic abuse case) is usually the individual who accuses his or her partner of an intimate partner abuse crime, who later regrets his or her actions and wishes to take back them back or who is threatened or forced into doing so. The problem is that when the accuser decides, for whatever reason, to recant his or her accusations, it can be devastating to the defense if both partners aren’t first counseled by a qualified California domestic violence lawyer who understands the additional challenges that such a situation invites.

Recanting witnesses, even if well intentioned, can be very destructive to the defense. Oftentimes the recanting partner thinks that by doing so, he or she can help get his or her partner out of trouble and that if he or she either recants or doesn’t cooperate with the prosecuting agency that they will be forced to “drop the charges”. Unfortunately that isn’t the case. Recanting witnesses or victims are so common in DV cases that the prosecutor almost expects that his or her complaining witness will recant and has been trained on how to successfully proceed under that type of situation. Recanting victims almost make the case easier for the prosecution to prove because it allows them to bring in an expert witness to testify that the reason he or she has recanted is because he or she has been forced or threatened into doing so by his or her already abusive partner, and that recanting serves as evidence to show that the accuser has been so severely and consistently abused by his or her partner that he or she additionally suffers from battered person’s syndrome.

In a gay, lesbian, bisexual or transgender same sex domestic abuse case, especially one alleging a sexual battery, it is understandable that the accuser may have second thoughts about proceeding with a public trial. The fear of being “outed” to those who may not know the accuser’s sexual orientation can cause so much stress and anxiety that he or she may believe that recanting his or her accusation may be easier than going forward with the case. When such a situation arises, it is imperative that both partners speak with one of the LGBT supportive attorneys at the Kavinoky Law Firm who can help decide the best course of action, who can help both partners understand the risks inherent with a recanting witness and who will vigorously fight to “make a deal” with the prosecutor before the case goes public.

Recanting witnesses also reveal themselves in situations where they may have overreacted to a situation that simply spiraled out of control or where they acted out of revenge, anger or jealousy and called the police when a crime really hadn’t been committed. These partners often feel remorse for what they’ve done and think that recanting will “right their wrong”. This too, is incorrect, for all of the reasons stated above. If this scenario sounds familiar, it is crucial that both partners seek legal advice from a criminal defense lawyer who specializes in domestic violence crimes to avoid possible charges against both parties.

To secure the best representation from a law office that has the experience and training to successfully handle the issues that a recanting witness raises, contact the trusted, gay-friendly attorneys at the Kavinoky Law Firm today for a free consultation.