State drops case in priest sex-abuse trial

Laconia Citizen ^ | July 11, 2003 | Geoff Cunningham, Jr.

[Jim Noble]

LACONIA — The state dropped its sexual assault case against the Rev. George Robichaud today following an admission by the victim that he was 16 years old when the alleged offense took place.

Although prosecutors remained confident that the Catholic priest did rape the boy, state law at the time of alleged offense made it impossible for the state to prosecute the case because the alleged victim had reached the age of consent.

"It’s a technicality, but it’s part of the system and we need to be true to that system," said Belknap County Attorney Lauren Noether on Friday.

Defense Attorney Peter Callaghan was not immediately available to comment on the matter.

Noether said the outcome of this trial is not expected to have any effect on plans to try Robichaud this fall on separate sexual assault charges involving another alleged victim.

Announcement of the action came just after 10 a.m. in Belknap County Superior Court, where trial was set to continue today.

The victim — who is now 33 years old and a trooper with the New Hampshire State Police — testified on Thursday that he was 15 years old when the priest allegedly raped him in a lakeside cottage in Sanbornton.

However, after going over the events in his head throughout the night he came to the conclusion that the event took place in 1986 making him 16 at the time.

Noether said she met with the victim this morning and, after hearing of his revelation, dropped the state’s two felony counts against the priest.

Robichaud was first tried on the crimes in late April, but a jury became deadlocked over the age of the victim and a mistrial was declared.

"The issue has never been the act itself, but rather the timing," said Noether.

She said the victim has been recalling more and more throughout the trial and finally came to a definite conclusion last night.

"The victim has continuously been searching his memory to try and recall his age. Overnight, he came to the conclusion that he was 16 years old," said Noether.

Noether said that, after working with the man for over a year, she was confident in his integrity. She described the dropping of charges as the "right thing to do."

State law in 1986 set 16 as the legal age of consent. The law was changed that same year to make 17 the age of consent, however, it did not take effect until Jan. 1, 1987.

Noether commended the victim for his courage in confronting the priest and said his actions have spurred other victims to step forward.

[Jim Noble]

"Although prosecutors remained confident that the Catholic priest did rape the boy, state law at the time of alleged offense made it impossible for the state to prosecute the case because the alleged victim had reached the age of consent."

I did not think there was an age at which you could consent to be raped.

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[drjimmy]

I did not think there was an age at which you could consent to be raped.
What the story does not make clear, but what I think may be the issue, is that the victim did consent to the act at the time it happened, therefore it could not be a rape (despite what the prosecutors are still saying).