District Attorney dismisses case

The Boulder County District Attorney’s Office has dismissed the sex assault case against a man accused of raping a woman in 2018.

Dirk Paul Anderson, 54, had been set for trial on one count of sexual assault in September.

But in a motion filed by prosecutors on June 29, the District Attorney’s Office dismissed the case “on the grounds that there is no reasonable likelihood of success at trial given the burden of proof” due to credibility issues with the named victim in the case.

“The named victim in the case was recently charged with a criminal offense involving dishonesty,” the motion read. “The type of offense and the underlying facts would be admissible at trial to impeach the credibility of the victim. This case primarily depends on the jury’s evaluation of the testimony of the victim and her credibility.”

The District Attorney’s Office noted in the motion that the named victim wished to continue with the prosecution and maintains her innocence in the other case.

“She asserts that someone has stolen her identity, that she has been framed, and that she is innocent of the charges against her,” the motion read. “However, given the information the People have about the victim’s case this assertion does not seem plausible and her denial further compounds the credibility issue at trial. Given the new information received by the People and the manner in which the jury could consider it, the People can no longer prove this case beyond a reasonable doubt.”

According to an affidavit, Boulder County Sheriff’s Office detectives were called on May 15, 2018, after a woman at a hospital in Littleton said she was sexually assaulted in the 4400 block of North Broadway.

The woman said she had been staying with Anderson, but when he

tried to hit on her she repeatedly told him she had a boyfriend.

According to the affidavit, the woman said she was sleeping on the floor of Anderson’s trailer facing away from him when he started hugging her. She told him once again that she had a boyfriend and did not want to have sex, but told police that Anderson then sexually assaulted her.

A sex assault examination found DNA, and in November 2018 it was matched to Anderson by the Colorado Bureau of Investigation from an offender database.