When the Report Doesn't Proceed
It is devastating when a prosecutor decides not to move forward with your case. Understanding the reasons and your remaining options can help you find a way forward.
Why cases are dropped
Insufficient Evidence
The prosecutor may believe there isn't enough evidence to secure a conviction, even if they believe you.
Legal Barriers
Issues like the statute of limitations or jurisdictional problems can stop a case before it even starts.
Witness Issues
If key witnesses are unavailable or unwilling to testify, the case may become too weak to pursue.
Prosecutorial Discretion
Prosecutors have wide latitude to decide which cases are "in the public interest" to pursue, which can feel deeply unfair.
What you can do now
The end of a criminal case is not necessarily the end of your legal options.
- Appeal the Decision: In some jurisdictions, you can request a review of the prosecutor's decision not to file charges.
- Civil Lawsuit: You may be able to sue the perpetrator in civil court, where the burden of proof is lower than in criminal court.
- Private Prosecution: In rare cases, you may be able to pursue a private prosecution with your own lawyer.
- Administrative Complaints: If you feel the police or prosecutor handled your case poorly, you can file a formal complaint.
The system's "No" is not the final word
A case being dropped is a reflection of the system's limitations, not the truth of your experience. You still have the right to heal, to be safe, and to tell your story.