Rape charge is dismissed

SANDPOINT — A rape charge has been dismissed against Kootenai County man accused of sexually assaulting an 18-year-old woman he met on a social media dating application.

Iniko Sebastian Garcia was further charged with attempted strangulation, although that felony offense was downgraded to a misdemeanor domestic violence charge, Bonner County Magistrate Court records show.

Garcia, 21, entered an Alford plea to the remaining charge, meaning he accepts no moral responsibility for the offense but concedes he could be convicted if the case went before a jury.

Garcia was accused of raping the 18-year-old on Oct. 18, after the two struck up an acquaintance on the dating app Tinder, court records indicate.

The woman told sheriff’s investigators that she agreed to meet Garcia to see if they had any romantic chemistry.

Upon meeting Garcia in the flesh, however, the teen advised him they would not be having sex. Charging papers allege that Garcia forced sexual intercourse and that the teen resisted, but that resistance was overcome by force and the threat of additional violence.

The teen told investigators she had a panic attack during the assault, which prompted Garcia to stop, a probable cause affidavit said. Garcia initially denied having sex with the teen, but later admitted having intercourse and insisted the sex was consensual.

Garcia was sentenced on Wednesday. Judge Lori Meulenberg described the case as very serious and admonished Garcia for his trouble with respecting others’ boundaries, according to court documents. The court also noted that Garcia was already on probation in a misdemeanor battery case when the latest charges emerged.

Meulenberg imposed a 180-day sentence with 110 days suspended. Garcia was ordered to serve 15 days in jail and the remainder of the custodial sentence was split between additional time at the court’s discretion and time on the sheriff’s labor program, court records indicate.

Garcia had no comment before the sentence was imposed and the alleged victim questioned why the rape charge was dismissed and why Garcia was given a partially suspended sentence, court documents said.