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A 19-year-old man was arrested in Montana on charges of sexually assaulting his 18-year-old former girlfriend (who was autistic) with a bundle of colored pencils, followed by rape. The man claimed the ex-girlfriend made up the charges out of revenge.

The man went to trial where the prosecutor provided a sexual assault nurse examiner who stated she found evidence of abrasions and tearing consistent with rape. The defense pathologist testified no such abrasions were found. A jury convicted the man of rape but acquitted him of assault with a weapon.

Soon after the trial, the lady told her disability services counselor that the sexual assault never occurred. The counselor notified the police whom immediately interviewed the lady again. The woman could not recall her statement to the counselor, nor her testimony at trial.

The county prosecutor notified the man’s defense attorney who filed a motion to vacate the conviction. The prosecution dropped the charges against the man. He received a new trial and was released from jail. The prosecution dismissed the charges.

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