NIAGARA FALLS, N.Y. (WIVB) — Kidnapping and rape charges against a Niagara Falls man have suddenly been dropped.
Eduardo Rodriguez had been accused of the assault, which happened on 10th St. last February.
At the time, police said the victim was able to escape and stagger her way to the hospital.
Niagara County District Attorney Caroline Wojtaszek says the victim in the attack died last weekend, and they can’t make the case without her testimony. According to Wojtaszek, the victim refused a rape kit after the attack.
Wojtaszek also said her death had nothing to do with the case.
“Although there was evidence inside the location where this occurred, (Rodriguez) wasn’t the only person that lived there,” Wojtaszek said. “Identifying that person as the assailant, not to mention without a rape kit and being able to prove it was forcible rape, that was very much based on her testimony.”
As a result, rape, kidnapping, assault and criminal sex act charges against Rodriguez have all been dropped. However, Rodriguez, who was on parole at the time of his arrest, is still expected to stay behind bars.
According to New York State parole officials, a parole warrant issued for Rodriguez included other violations to the conditions of his parole. They say he will remain in custody until he has a hearing on those.