If a complaining witness no longer wishes to prosecute or participate in the prosecution of sexual assault charges, they may choose to file an affidavit of non-prosecution with the district attorney’s office to let the prosecution know they affirmatively no longer wish to support the prosecution. However, the decision to withdraw charges remains with the district attorney’s office, so a complaining witness’s filing of an affidavit of non-prosecution does not automatically dismiss your charges. The prosecutor may decide that he or she has sufficient evidence, even without the complaining witness’s testimony, to convict you of sexual assault.