The question of whether a Clayton County officer raped a woman he was taking to jail boiled down to “he said, she said” in court Tuesday.
So a judge dismissed a rape charge against former Riverdale police officer James Larry Robinson, saying she didn’t see any probable cause, Channel 2 Action News reported. He faced life in prison if convicted.
But the judge found enough evidence to charge Robinson with sexual assault, Channel 2 reported.
Robinson was fired earlier this month following the allegations.
Rather than take the woman straight to jail, Robinson allegedly pulled up to an empty building near a custom tire shop along Tara Boulevard and sexually assaulted her. Robinson’s attorney, Keith Martin, insisted the victim “never said he demanded it. She never said anything.”
But prosecutors said the dynamic changed when Robinson placed his hand on his gun.
“That is a threat and that is intimidation,” Deputy Chief Assistant District Attorney John Fowler said.
The victim’s attorney, Allen Lightcap, told Channel 2 the judge’s decision confused him since he believed Robinson’s actions were indeed a “forcible rape.”
“You don’t have to beat someone up in order to rape them,” he said.
Prosecutors plan to take the assault case to a grand jury, where Robinson could still be indicted on rape charges.
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