Civil Settlement during Rape Prosecutions

A defendant in a criminal rape prosecution faces the prospect of a civil action brought by the complainant. Sometimes, the defendant will offer to settle the potential civil case with the complainant while the prosecution is still pending. Following settlement, the complainant may request that the charges be dropped or refuse to cooperate with the prosecution. Because there are few cases involving pretrial settlement during rape prosecutions, it is not clear whether courts would apply bribery and witness tampering laws to pretrial settlements that induce rape complainants to avoid trial. Although such laws are broadly drafted and usually broadly construed, courts may be reluctant to entertain prosecutions based on civil settlements. It is argued that courts should scrutinize pretrial settlements in rape prosecutions for violations of statutes prohibiting influence over victims and witnesses.