(KPIX 5) — A woman who accused a 49ers linebacker of domestic violence – and then said she lied about it – could avoid facing any charges.

The Santa Clara County District Attorney’s Office did not address specifically Reuben Foster’s case, in which ex-girlfriend Elissa Ennis told police that Foster battered her at their Los Gatos home. She later testified in court that she fabricated the entire story.

reuben foster charges dropped Ex Girlfriend Of 49ers LB Foster May Avoid Charges For Lying About Assault Accusation

Reuben Foster walks outside court after charges were dropped, May 23, 2018. (CBS)

Since then, it has the big question ever since Ennis took the stand and recanted her story that Foster punched her in the head and dragged her by the hair.

When we asked if the DA’s office was charging Ennis with perjury, they released this brief statement saying: “We don’t charge domestic violence victims who falsely recant. We empathize with them, we support them, and we advocate for them.”

“What they’re saying is, we have no intention of prosecuting someone under these circumstances,” said legal analyst Steve Clark.

According to Clark, the DA’s office is likely more concerned about how this impacts domestic violence victims who are worried about reporting the crimes to police.

“The more general issue of, ‘we want our people to come forward, we don’t want them to hide in the shadows’ because this is a dynamic crime that has a lot of components and I think that’s what they’re saying here,” said Clark.

Ennis told the judge she made the whole story up because she was mad at Foster for breaking up with her.

On Wednesday, the judge dropped the domestic violence charges against the linebacker. Ennis actually recanted two days after reporting Foster, but Foster was prosecuted anyway.

Against her attorney’s advice, Ennis took the stand anyway and testified that she had initially lied to police.

“I’m very proud of her for coming forward and doing the right thing,” said Ennis’ attorney Stephanie Rickard. “I think our system works because in the end the truth comes out.”

 

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