> Are we better off letting a rapist go free when their victim cannot testify against them because they were deported?
That's not an actual outcome that would occur. Cases can proceed if the victim is unavailable. Do we let a rapist off because their victim had an untimely death? Obviously not.
In the case of a deportee, if we have a sworn statement from them, or can remotely depose them, then their testimony would be included in the trial.
In the real world, cases die all the time because the victim refuses to cooperate with the police.
This is the point of things like immunity, and laws against witness tampering, and why the Mafia spent so much effort ensuring you knew you would die if you took the stand.
You're describing an entirely different situation. Unless you're saying that deporting someone makes them wholly unable to participate in the process which is what I'm precisely disagreeing with. Cooperating can include things like simply filling out an affidavit or participating in remote depositions.
> and why the Mafia spent so much effort ensuring you knew you would die if you took the stand.
Removing someone from the country does not kill them.
That's not an actual outcome that would occur. Cases can proceed if the victim is unavailable. Do we let a rapist off because their victim had an untimely death? Obviously not.
In the case of a deportee, if we have a sworn statement from them, or can remotely depose them, then their testimony would be included in the trial.