This is the right call, once you realize that the article buries the lede - this only happens when the phone contents are deemed relevant to the investigation.
If a complaining witness refuses to cooperate in an investigation by handing over relevant information, it would be inappropriate for the government to proceed toward a prosecution.
In the United States, there is case law requiring the prosecution to turn over exculpatory material known to the government. In my jurisdiction, that specifically includes the existence of relevant exculpatory material held by a complaining witness.
The fact that the only person capable of providing that evidence refuses to do so allows the drawing of an adverse inference, which means it's presumptively exculpatory. Refusal to turn over exculpatory evidence is per se a violation of the defendant's rights.
Sexual assaults of all kinds are horrific, and we should generally do a better job investigating and prosecuting them, but not at the expense of basic due process rights. Everyone deserves a fair trial.
If a complaining witness refuses to cooperate in an investigation by handing over relevant information, it would be inappropriate for the government to proceed toward a prosecution.
In the United States, there is case law requiring the prosecution to turn over exculpatory material known to the government. In my jurisdiction, that specifically includes the existence of relevant exculpatory material held by a complaining witness.
The fact that the only person capable of providing that evidence refuses to do so allows the drawing of an adverse inference, which means it's presumptively exculpatory. Refusal to turn over exculpatory evidence is per se a violation of the defendant's rights.
Sexual assaults of all kinds are horrific, and we should generally do a better job investigating and prosecuting them, but not at the expense of basic due process rights. Everyone deserves a fair trial.