Sex assault charge withdrawn after alleged victim vanishes
Jesse Davis | Hagadone News Network | UPDATED 10 years, 9 months AGO
A charge of sexual intercourse without consent against a Kalispell man was removed from the allegations against him after the victim effectively disappeared.
Charles Barlow, 36, pleaded guilty Oct. 8, 2013, to felony assault with a weapon after having initially been charged with felony counts of sexual intercourse without consent, assault with a weapon and aggravated assault as well as misdemeanor partner or family member assault.
According to Flathead County Deputy Attorney Alison Howard, that was due to the victim severing all contact with her office.
“The victim left and wouldn’t have any contact with me,” Howard said. “She quit her job ... she wouldn’t return my phone calls, and her family didn’t know where she was.”
Howard said the lack of a victim left her with no case to take to trial.
“So I spoke with the defendant’s attorney about it and said I couldn’t find her, so I could either dismiss the case without prejudice and — when I found her — bring it back, or go with a plea agreement dropping the charges to assault,” she said.
Barlow’s attorney accepted the second option, and the amended charge was filed and a change of plea hearing was held the next day, resulting in Barlow being released after having been incarcerated on a $100,000 bond.
By pleading guilty to the assault charge, Barlow admitted that he got upset with the victim on April 7, 2013, that he hit her in the head, held a rifle to her head and forced her into the bedroom.
Allegations of sexual abuse were eliminated from the file requesting the amended charge.
On Dec. 12, 2013, Flathead District Judge Robert Allison handed down a suspended, seven-year sentence.
Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.