Attorney general files rape charges after district attorney declines the case
COTTONWOOD HEIGHTS — After Salt Lake County prosecutors declined multiple requests to file criminal charges against a man accused of date rape, police decided to ask state prosecutors to look at the case.
On Thursday, the Utah Attorney General's Office agreed to file rape and sodomy charges against a Cottonwood Heights man.
But what has Cottonwood Heights police and the alleged victim — an 18-year-old woman — most concerned about the case are the reasons the Salt Lake County District Attorney's Office outlined in its initial letter for declining to file criminal charges. The letter seemed to indicate it was because the alleged perpetrator was too drunk to know what he was doing.
According to a Dec. 3 letter sent to the Cottonwood Heights Police Department from the district attorney's office, they declined to prosecute the case due to "insufficient evidence to prove beyond a reasonable doubt" as well as "problems with defense of voluntary intoxication negating his mens rea."