FARGO (AP) -- North Dakota's Supreme Court has thrown out a man's rape conviction and replaced it with an acquittal.
Alexander Vantreece was sentenced in October to about 11 years in prison for raping a mentally disabled woman. He was 58 at the time.
In a 3-2 ruling, the court ruled that there wasn't substantial evidence for a jury to reasonably find that Alexander Vantreece compelled a woman with the mental capacity of a 10- to 12-year-old to submit to a sexual act by force.
Justices Carol Kapsner and Mary Maring dissented, saying there was sufficient evidence to show force was used in the attack. Kapsner wrote in her dissent that the prosecution needed to prove force by physical action, which she said it did.
She cited accusations in the case that Vantreece ripped a hole in the woman's pants before taking them off and raping her as the proof of physical action of force.
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Authorities said the victim was staying at home where Vantreece also was staying in 2005. The woman was 26 years old and has two children.
Vantreece also was charged in 2003 in Minnesota with fifth-degree criminal sexual conduct against the same woman.
