Thursday, January 04, 2007

Wording Could Nix Rape Charges

Nashua Telegraph

A Bedford man may elude rape charges because prosecutors didn’t include the word “knowingly” in the charges against him, a judge has ruled. Robert Paste, 35, of 10 Anthony Road, had been charged with raping a 15-year-old girl in Hollis in 2004, having sex with her while she was too drunk to resist his advances.

But Judge Arthur Brennan dismissed the charges against Paste on Nov. 2, just as his trial was set to begin in Hillsborough County Superior Court. Because the jury already had been chosen and sworn into service, it’s not clear whether prosecutors can bring new charges against Paste, Assistant Hillsborough County Attorney Mark Osborne said Wednesday.

The issue with bringing a revised charge is whether that would be considered double jeopardy. I can't imagine how stressful this is on the alleged rape victim. Those who assume rape cases are a slam dunk for victims have no clue what they are talking about.

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posted by Marcella Chester @ 3:21 PM   2 comments links to this post

2 Comments:

At January 05, 2007 5:37 AM, Anonymous Joe said...

This stinks. I hope the ADA that wrote the charges gets fired for the mistake.

 
At August 29, 2008 9:52 AM, Blogger Frank said...

Actually, he left the DA's office shortly thereafter and is now a defense attorney.

I wonder if the two events are connected?

 

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