Is a victim required to testify during an Article 32 Preliminary Hearing?

Is a victim required to testify during an Article 32 Preliminary Hearing?

• A. Only if victim requests
• B. Only if requested by accused
• C. Yes
• D. No

Answer: (D)

The key idea is that an Article 32 Preliminary Hearing is an investigatory step to determine whether there is probable cause to move forward with charges, not a trial to establish guilt. Because the proceeding focuses on whether charges should be preferred, there is no mandatory requirement that a victim testify. The investigating officer may rely on various forms of evidence—other witnesses, documents, or physical evidence—and the victim’s testimony is only one possible piece if called or subpoenaed. So, while a victim can testify if the court calls them or they are compelled to testify, there is no general obligation forcing the victim to testify at this stage.

The key idea is that an Article 32 Preliminary Hearing is an investigatory step to determine whether there is probable cause to move forward with charges, not a trial to establish guilt. Because the proceeding focuses on whether charges should be preferred, there is no mandatory requirement that a victim testify. The investigating officer may rely on various forms of evidence—other witnesses, documents, or physical evidence—and the victim’s testimony is only one possible piece if called or subpoenaed. So, while a victim can testify if the court calls them or they are compelled to testify, there is no general obligation forcing the victim to testify at this stage.