Can a victim refuse to testify by “Taking The Fifth”?
Some victims will refuse to testify by invoking their Fifth Amendment right against self incrimination. The misconception by most witnesses is that one can “Take the Fifth” when one simply does not want to testify for any reason. However, the alleged victim can only plead the Fifth when their testimony will tend to incriminate them, for example, for their own criminal involvement in the incident, or for filing a false complaint. Even in these circumstances, the prosecutor may attempt to compel the victim’s testimony by granting prosecutorial immunity.
