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Rape case is dismissed

KEITH KINNAIRD | Hagadone News Network | UPDATED 7 years, 2 months AGO
by KEITH KINNAIRD
News Editor | February 10, 2018 12:00 AM

SANDPOINT — A rape case pending against a Dover man has been dismissed, 1st District Court records show.

Bonner County Deputy Prosecutor Katie Murdock said the motion in Aubrey Raven Stevens’ case was filed in the interests of justice and judicial economy.

“Investigation of the incident has revealed that the state has a low likelihood of proving the charged offenses beyond the reasonable doubt standard required at trial,” Murdock wrote.

Judge Cynthia K. Meyer granted the state’s motion in Kootenai County on Dec. 19. The case file was only recently returned to Bonner County.

The dismissal came in the weeks leading up to Stevens’ three-day jury trial in district court.

Stevens, 19, was accused of forcing himself on a 17-year-old girl in February of last year. A criminal complaint alleged that the teen’s resistance was overcome by force or violence or prevented because of the infliction of harm or attempted infliction of harm.

Stevens was ordered to stand trial last spring, after the alleged victim testified at a preliminary hearing that she was initially consented to sexual contact, but revoked her consent once Stevens began undressing her. Meyer found the teen’s testimony credible and bound Stevens over to stand trial.

Stevens invoked his right to remain silent during the preliminary hearing and pleaded not guilt to charges of rape and forcible penetration with a foreign object.

Stevens’ defense counsel, Sandpoint attorney Fred Palmer, said his client was enrolled as a student at SHS and was 18 when the allegations emerged. Palmer said Stevens intended to prove his innocence at trial.

“Aubrey maintained his innocence from the outset. He passed a polygraph. He refused to accept any plea bargain or admit to any wrongdoing involving the victim,” Palmer said.

Keith Kinnaird can be reached by email at kinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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