The quick answer to your question, Malu, is yes. The state often presses charges where the victim doesn't want charges pressed.
Here's the rational: When you commit a crime, it's not against an individual. It's against the State. In Canada, it's:
R. v. Clark Kent ('R' being short for Regina or The Queen)
In the US, it's:
The People v. Clark Kent.
Nowhere in the title is the individual victim even mentioned - and doesn't even need to be in court unless subpeonaed.
In Ontario at the moment, we have a zero tolerance policy against domestic abuse. As a result, if you call the police, and claim that your husband/wife hit you, the police WILL lay charges and the Crown attorney will not withdraw those charges - regardless of the victim's opinion.
The result can be crazy. For example, wife calls police. Husband gets charged. Wife doesn't want to proceed so when she is on the witness stand, she recants what she told the police earlier. The husband is found not guilty and the wife goes to jail for either Public Mischief (reporting a crime to the police that didn't happen) or purgery (for lying on the witness stand).
(There is one way around this (but don't tell anyone I said so
). Often there is large quantities of alcohol involved in cases of domestic assault. So the woman gets on the stand and says: I don't remember what happened. Of course, she could still be charged with purgery if the police find out that it is a lie and she does remember.)
Now, an individual could bring charges (at least in Canada). They might do this if the police refused to press charges. Then, if the crown thinks they have a case, the crown would take over the prosecution. If the crown doesn't think they have a case, the individual would be required to prosecute the case on their own. It doesn't happen often, but it can happen.
(More than you ever wanted to know on that topic
)
ML
