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· Lawyer and Gun Activist
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Usually, if you give somebody permission to do something, it's not a crime at all!
You can destroy your own TV. You can let somebody else do it.
That is, as long as it is only your TV, not jointly owned, and not being used as collateral for a loan, and not covered by an insurance policy.
It is a crime in Georgia to destroy insured property without permission of the insurer.

But some bad acts are important enough (anti-social enough) that we want to be able to prosecute them even if the "victim" is indifferent, or is buddies with the offender and wants to drop the charges.

Example: Two brothers having a knock-down drag-out fight in a public place. They're brothers-- neither one wants to press charges on the other. But they still committed the crime of assault and battery, public disturbance, disorderly conduct, etc. The whole community's morals were offended by this public display, so the State can prosecute it (assuming they have good witnesses besides the brothers-- don't expect either brother to be a witness in court).
 

· Lawyer and Gun Activist
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30,205 Posts
Well, how about in the context of domestic violence?
Consider a woman who was raised in a violent household, and who watched her father slap her mother around, and who now thinks that's normal and accepts it.
Now she's an adult and married to an abusive husband who argues with her daily and slaps her across the chops weekly.
Gives her a black eye or a split lip a few times per year.
Wifey still loves her man, and accepts that he's just the way God made him, imperfect, but she can put up with it.
The State finds out and has him arrested and will prosecute him.
She and Hubby say that such behavior was consensual. They both agreed before they were married that a little physical slapping was OK, and normal for their relationship.

Should the State get a conviction based on its own laws, even when the "victim" does not consider herself the victim of a crime, and she does not want to prosecute?

I think so!!

(P.S. Naturally Wifey has a privilege not to testify against Hubby at his trial. But the State might have evidence of the abuse from other sources that will be strong enough to convict.)
 
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