Case Without a Testifying Victim

Many people are surprised to learn that in Washington State, you can be charged—and even convicted—of domestic violence or assault without the alleged victim ever testifying. It’s a confusing and often frustrating reality for those involved, especially if the person at the center of the accusation wants to drop the charges. But criminal cases are prosecuted by the state, not the individual, and once law enforcement is involved, the process can quickly move out of the hands of both parties.


At the Law Office of Erin Bradley McAleer, we’ve defended numerous clients in Clark County and across Washington who found themselves facing charges even when the alleged victim didn’t want to press forward. Here’s what you need to know.

Why the Victim Doesn’t Control the Case

Once police respond to a domestic violence call or alleged assault, they’re often required to make an arrest if they believe probable cause exists. From there, the case is handed over to the prosecutor’s office—not the victim. Even if the victim says they don’t want to pursue charges, or asks for the case to be dropped, the state can—and often does—move forward anyway.

This is especially common in domestic violence cases, where prosecutors are trained to recognize patterns of fear, manipulation, or pressure that might cause someone to recant. The legal system is designed to prioritize public safety—even when it means continuing without the cooperation of the person most closely involved.

How Can They Prove a Case Without a Testifying Victim?

You might wonder: How can I be convicted if the other person won’t even testify? In many cases, prosecutors build their case using other types of evidence, including:

  • 911 recordings
  • Body camera footage from responding officers
  • Photographs of alleged injuries
  • Witness statements
  • Medical records
  • Statements made by the accused (especially if you spoke to police)

In some situations, prosecutors may even use hearsay exceptions to introduce what the alleged victim said outside of court. While these strategies have legal limitations, they are often used aggressively in courtrooms across Washington—including in Clark County.

What If the Victim Wants to Drop the Charges?

Even when the alleged victim tells the prosecutor they want the case dismissed, it doesn’t guarantee anything. The state may still go forward, especially if they believe there’s a pattern of past abuse or if the incident involved physical harm, weapons, or children.

However, a non-cooperative victim can affect the strength of the prosecution’s case. Without key testimony, it may be harder for them to prove their case beyond a reasonable doubt. A strong defense attorney can leverage this to your advantage—challenging the reliability of other evidence, exposing weaknesses in the timeline, and pushing for dismissal or reduction of charges.

Facing criminal charges without the cooperation of the alleged victim doesn’t make the case go away—it simply changes the strategy. That’s why having an experienced defense attorney is critical. At the Law Office of Erin Bradley McAleer, we’ve successfully defended clients against domestic violence and assault charges—even in cases where the odds seemed stacked against them.

We understand the pressure, confusion, and stress these cases bring, and we work to protect your rights, your record, and your future—starting from day one.

If You’ve Been Charged—Don’t Wait

Whether you’re already facing charges or under investigation, you need a legal advocate who understands how prosecutors build these cases—and how to fight back. Contact our office today for a confidential consultation at (360) 334-6277.