WASHINGTON COUNTY (KFSM) – A rape charge has been dropped against a Farmington man who was arrested on June 18 after police said he slept with a 13-year-old girl.
Dimitri Donovan, 19, was originally arrested after police said he gave alcohol to two underage teenagers and had sex with them on June 15. One of the girls was 13, which is under the age of consent for the state of Arkansas, according to prosecutor Kevin Metcalf.
Donovan told authorities he thought the 13-year-old girl was actually 16, Metcalf said.
Since Donovan is under the age of 20, he had an affirmative defense under state law. Arkansas law defends anyone under 20 if they have evidence showing they thought the person they had sex with was over 13 years old, according to Metcalf.
Another factor in the case was that the girl was not forced to have sex with Donovan, according to Metcalf.
“If this happened on his 20th birthday, he wouldn’t have that defense,” Metcalf said.
He continued, “I have no doubt he thought she was older than she was.”
