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State Supreme Court Won't Review Sex Assault Case

District Attorney Won't Pursue Charges In 2000 Rape Accusation

POSTED: 8:25 pm MDT March 15, 2010
UPDATED: 8:47 pm MDT March 15, 2010

The nearly 10-year-old case of a woman who claimed she was raped by classmates at a high school graduation party won't be reviewed by the Colorado Supreme Court. Arapahoe County District Attorney Carol Chambers has refused to file charges in the case. Julie Stene claims she was raped by two classmates in 2000. No charges have been filed despite Stene's desire to pursue a case. 7News has identified Stene by name because she has come forward to tell her story.

According to a news release from the Arapahoe County District Attorney's Office, in September 2009, the Court of Appeals determined that prosecutors in the District Attorney’s Office had acted properly when they decided against filing sexual assault charges in the case. The Court of Appeals reasoned that the public interest is best served through the exercise of a prosecutor’s thoughtful discretion.

According to the news release, the unanimous consensus in the District Attorney’s Office among senior deputies who analyzed the case was that the charges could not be proved at trial. Accordingly, the district attorney was ethically bound not to file charges she could not prove.

“Coloradans want their prosecutors to be tough on crime, but they do not want them to be overzealous or overreaching. We cannot prosecute where the evidence does not support a charge," said District Attorney Carol Chambers.
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