Douglas County prosecutors have dropped a rape charge against the son of Ralston’s late fire chief.
Colin Ienn, 19, was scheduled to go to trial this week on a charge that he raped an 18-year-old girl during a party last July.
However, Douglas County Attorney Don Kleine said witnesses recently came forward to allege that the sex was consensual.
Of the five people in the bedroom where the alleged assault took place, three said they heard the alleged victim say she wanted to have sex with Ienn, prosecutors say. Two witnesses said they heard the alleged victim tell Ienn to stop but they cast it as being in the context that she didn’t like the position they were in, prosecutors say.
The alleged victim told police she had used alcohol, marijuana and oxycodone that night.
She told police she was OK with making out with Ienn but did not agree to have sex with him and told him to stop.
Ienn told police that a second couple in the bedroom told him that the alleged victim wanted to have sex with him. He said he responded: “No. Get out of here, she doesn’t.”
Ienn, who also was intoxicated that night, told police he started making out with the girl and they proceeded to have sex. Another couple in the room also was having sex.
According to a police affidavit originally filed in Ienn’s arrest, Ienn said “he did hear her say stop one time but he didn’t think anything of it because she didn’t scream or kick and she didn’t say it more than once.”
Prosecutors had used that comment and the victim’s account to file the first-degree sexual assault charge.
However, Kleine said the three other witnesses’ accounts of the night would have been difficult to overcome.
“Obviously there was a different light shown on the incident,” Kleine said. “We felt we couldn’t move forward on it.”
Ienn’s father was former Ralston Fire Chief Kyle Ienn. Kyle Ienn, 40, committed suicide in January 2012 by hanging himself from a bridge in Omaha.