Second degree rape and Second degree assault charges arising out of an incident that occurred in September 2018 were recently dismissed by the Clark County Prosecuting Attorney’s Office after a two and a half year investigation by our office established that the alleged victim and her two daughters lied about what happened.
Although most victims of rape and sexual abuse tell the truth, it is not uncommon for women to lie about what really happened. This case is a good example. The alleged victim was angry at her boyfriend and decided to set him up. She invited him over to her house one evening for drinks, but her real motive was to get even with him because she thought he had cheated on her. He came over, they had a drink, and went upstairs to her bedroom where they had consensual sex. Unbeknownst to him she told her teenage daughters to call 911 and falsely report that they saw our client push and drag their mom bedroom. This led to our client being arrested and fighting for his reputation, his career, and his freedom.
Over the two and a half years we defended this case we subpoenaed child protection service records, contacted and interviewed the alleged victim’s ex-husbands and boyfriends, police officers who had responded to her calls on prior occasions, and her daughters. Even when the alleged victim recanted and admitted she lied to the Prosecutor’s Office refused to dismiss the case. Their excuse? Victims always recant in domestic violence cases. Even after we proved that the alleged victim had lied to the police in the past and falsely accused other men, the Prosecutor’s Office continued to refuse to dismiss. The alleged victim moved out-of-state and refused to cooperate, but her incriminatory statements to the rape nurse at the hospital were still admissible under the medical treatment exception to the hearsay rule. This required finding the alleged victim and her daughters and obtaining subpoenas through out-of-state process to compel their attendance in Clark County, WA. After finally locating the alleged victim and her daughters in Arizona, Mr. Thayer was able to get them subpoenaed. He was also able to obtain an email from the alleged victims daughter confirming she had lied to the police. Only after it was clear that all three had lied and were subpoenaed for trial did the Prosecutor’s Office finally dismiss the case.