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Sexual assault charges dismissed because of medical impossibility

A 71-year old Colorado man facing six charges of sexual assault was released after all counts were dismissed. The Loveland man was accused of having impregnated a teenage girl on nine separate occasions over the years. However, as his attorney explained in court, what was alleged was "not medically possible." Apparently the man had received a vasectomy in the 1970s.

Various court details also revealed that the teenager was taking various medications that would have prevented pregnancy. And a vehicle that he supposedly used to drive to Estes Park to perpetrate the sexual assault the young girl had actually been sold back in 2009.

The elderly man had been arrested back in July and was only free because he had paid a $150,000 bond.  He had all along pled not guilty all of the offenses charged.  The district attorney dismissed the case by explaining that there was not sufficient evidence to demonstrate what was charged could be proven beyond a reasonable doubt.

What is particularly disturbing about this incident was the potential sentence this man faced if convicted.  If he had been found guilty on only two of the couts concerning sexual assault of a child under the age of 15, he could have been facing life imprisonment.  It appears he is currently out $20,000 in bonding fees, had to pay for an ankle monitor, and had to expend money regarding his legal defense.

This case amply demonstrates why criminal defense attorneys are needed.  If inconsistencies had not been pointed out  at trial, an innocent man may very well have had his entire life destroyed by what appear to be false allegations.

Source: Coloradoan, "Charges dismissed for Loveland man accused of sexually assaulting teen," by Robert Allen, April 23, 2013

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