Charge dismissed against man accused of rape
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EDITOR’S NOTE: A previous version of this story, published Monday, included incorrect information and was subsequently taken down until corrections could be made. This version of the story has been rewritten and corrected with new details. EastIdahoNews.com apologies for the error.
IDAHO FALLS — Rape charges have been dismissed against an Idaho Falls man who allegedly forced an unwanted sex act during a consensual sexual encounter.
Charges against Zachary Paul Hoover were dropped last month by the Bonneville County Prosecutor’s Office after the decision was made that existing evidence was insufficient to move forward.
Chief Deputy Prosecuting Attorney H. Alayne Bean tells EastIdahoNews.com that, the DNA results from a rape kit administered after the day after the incident, would have been unlikely to secure a conviction at trial.
“A prosecutor may not ethically pursue a case where there is not a reasonable likelihood of conviction,” Bean said in an email. “After consulting with the victim, our office moved to dismiss the case.”
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Hoover, 29, was accused of forcing anal sex on the victim, who said she was forced to kick Hoover off of her.
The following day, she was administered a rape kit at Eastern Idaho Regional Medical Center.
While speaking with police, Hoover denied raping the victim but confirmed she had refused anal sex. He also admitted that he may have “missed a couple (of) times,” which may have resulted in accidental penetration. He also told police the victim had not kicked him off.
A no-contact order between Hoover and the victim was issued by the court.
Prior to the original reporting of this incident, the victim reached out to EastIdahoNews.com. She said she hopes her experience will encourage other women to speak up in similar situations.