A hearing will be held to see if an alleged 17-year-old rape victim should stay in juvenile for not testifying against her attacker. 

The highly unusual case pits public safety with the rights of a rape victim.

The Sacramento County District Attorney's Office fears that if a convicted felon named Frank Rackley is released that he'll strike again.  He's accused of two raping two people, including the 17-year-old girl.

After agreeing to testify, she didn't show for a preliminary hearing for Rackley.

"It's highly unusual.  It's not something we like to do," said Assistant District Attorney Al Locher.

But Locher says they have to think about the safety of the public.

The girl's attorney, Lisa Franco, is outraged.

"It's unbelievable they want to put the victim of a rape case in custody," said Franco.

University of the Pacific’s McGeorge Law School Professor John Myers said the law gives a lot of discretion to rape victims, but says district attorneys have to consider what's best for the community.

"Sometimes the only way to protect the community is to insist that victims testify," said Myers.

But Franco says California's Margie's Law protects rape victims from being forced to testify.

"It's forcing her to be revictimized (sic) all over again. By putting rape victims in custody just sends the message out that, ‘don't report your rape or you'll be put in jail,’" said Franco.

Rackley's bail is set at $1 million.  The girl's bail has been set at $50,000.