By Troy Torres
It happens. Sometimes people, who say they've been raped, take back what they said. Once that story comes out, though, and once charges go public, it's just too late for the person accused of the rape. His name will forever be tainted by a sex crime that never happened. In the time he spends trying to clear his name - if he doesn't give up and cop to a lesser charge for fear he'll lose his case - he would have lost his job, his family, his friends, his home, and maybe even his faith.
The girl, who originally told police she was raped by Duane Dungca between the ages of 8 and 13, recanted her allegations, according to Public Defender Stephen Hattori, who represented Mr. Dungca. The Office of the Attorney General prosecuted the man, anyway.
"The victim recanted and then went to the AGs and they changed her mind," Mr. Hattori told Kandit News. "She was given immunity before she testified, basically, given a license to lie."
Mr. Dungca was arrested last year after the girl told police her first story. He was charged with two counts of first degree- and three counts second degree- criminal sexual conduct, both as first degree felonies.
The OAG offered Dungca a plea deal, where he would spend a minimal amount of time in jail. Had he lost at trial, he would have faced decades behind bars.
"I was so stressed because I fully believe in his innocence," Mr. Hattori said. "He turned down a plea that would have required a couple more months in jail. He was facing life without parole. Guilty guys don't turn down those types of plea offers."
His trial lasted six days. Not guilty, the jury said unanimously.
Mr. Hattori believes the OAG did not serve the cause of justice in this case, and put Mr. Dungca, his accuser, and the families of both parties through more pain and suffering by taking the case to trial and not dropping the indictment once the girl recanted.
"Even the girl wanted it dropped," Mr. Hattori said. "The family just needs to heal and we will get them the services they need."
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