TWIN FALLS, Idaho (KLIX) Twin Falls Police have called for charges be dismissed against a man accused of sexual abuse.

Tuesday, the Twin Falls Police issued a release saying they have asked the prosecutor to drop charge of sexual abuse of a vulnerable adult against Mohammed Hussein I. Eldai. The man was charged with the felony in August after being accused of trying to sleep with a young woman.

Our job is to make sure that the truth is revealed and that justice is served

According to police, the Criminal Investigation Division continued to look into Eldai's case after he was arrested and found insufficient evidence to continue with prosecution. In a statement, Police Chief Craig Kingsbury said the victim did not meet the statutory definition of a vulnerable adult.

Chief Kinsbury said the family and alleged victim cooperated with investigators and agree with the departments decision to dismiss the charge.

Investigations of this type take time to work through. Our job is to make sure that the truth is revealed and that justice is served. In this particular incident, the female involved and her family, have been cooperative with investigators. They understand why the TFPD has asked the Twin Falls County Prosecuting Attorney to dismiss the charges and agree with this decision. I would like to thank the investigators for their continued diligence on this investigation." said Chief Kingsbury.

Twin Falls Police provided the definition of Idaho Code 18-1505B:

(1) It is a felony for any person, with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of such person, a vulnerable adult or a third party, to:
(a) Commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a vulnerable adult including, but not limited to: genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact or manual-genital contact, whether between persons of the same or opposite sex.
Idaho Code 18-1505(e):
(e) "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person, funds, property or resources.

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