Eliot Spitzer, former NY governor and CNN TV host, accused of choking a woman

[subextraordinaire]

@baudzilla

It is never up to the victim whether or not they wish to “press charges”, and indeed, there is no such thing. The police write a report. The report is given to the District Attorney’s office (or whatever they are called in the relevant jurisdiction) and the DA decides whether or not to file a criminal case.

That’s true. But if the victim refuses to testify, the defense isn’t allowed to cross examine and this hinders a vigorous defense.

Now if they had another witness to the attack, that may be sufficient. However, lacking any testimony on behalf of the prosecution (i.e., victim, witness)…I doubt any charges will be filed.