State v. Torres

HAYS, Chief Justice.

The defendant, Matias Torres, was charged with first degree rape of 10-year-old Christina Flores. He was tried in superior court without a jury, found guilty, and sentenced to from 12 to 14 years in prison.

On appeal, this Court took notice that because of the tender age of the child, the failure of the examining physician to do a complete job, and the existence of somewhat of a language barrier, the element of penetration had not been proved beyond a reasonable doubt, and the conviction could not stand. We reversed and remanded, with the comment that while defendant might…