Legal Question in Criminal Law in New York

The parents are not the ones who decide whether or not to press charges. In a criminal action, once a complaint has been received by the police and arrest has been made (or will be made), the District Attorney's Office takes over and they are in charge of prosecuting the case. If the complainant (victim) chooses not to testify or no longer wants to cooperate, the DA can still proceed with the criminal case and in some instances, subpoena the victim or even try to build a case through circumstantial evidence.

The state of NEW YORK and not the parents are the prosecuting agent . The charges can be brought and a conviction obtained even if the parents choose not to testify. In all likelihood they as well as the child will be subpoenaed to testify.This is serious and the accused should be represented by a competent criminal defense attorney to protect their rights. A conviction may result in jail,a felony record and a sexual offender status.