Is a victim required to talk to the prosecutor?

Stephen Howard — Stone River Law

Real People. Real Solutions.

Is a victim required to talk to the prosecutor?

In Utah criminal cases, it is common for a prosecutor to communicate with the alleged victim. But a victim is not required to talk to a prosecutor or submit to questioning by the prosecution office.

Prosecution interests and victim interests are often aligned with each other in a criminal case. But a prosecutor does not represent the victim. Instead, the prosecuting attorney represents the interests of the government.

Utah law establishes a number of rights that are guaranteed to victims. As an attorney representing the interests of the government, a prosecutor can provide a victim with information but cannot counsel or advise a victim as to what position to take or what course of action the victim should pursue.

A victim also has the right to seek legal representation of their own. If a victim chooses to retain an attorney to represent their interests, prosecutors should normally channel communications with the victim through the victim’s attorney. (It is generally a violation of the Rules of Professional Conduct for any attorney to communicate with a represented person without consent from the attorney representing that person.