State v. Gonzalez

AMUNDSON, Justice.

[¶ 1.] David Gonzalez appeals his conviction of two counts of attempted statutory rape. We reverse.

FACTS

[¶ 2.] In 1998, B.H., who was approximately twenty-one years old at the time of trial, filed a criminal complaint against David Gonzalez involving incidents she alleged to have occurred in 1993. At the time of the alleged assaults, she worked as a hostess and bus person at a restaurant named The Sluice. The owner/manager of the restaurant was David Gonzalez.

[¶ 3.] B.H. testified that while working at the restaurant one night in September of 1993, Gonzalez asked her to come…