By Gina Tabonares
Variety News Staff

THE rape case filed against a man who argued that the charges against him should be dismissed for lack of exact date and time of the offense in the complaint documents continues, after the court denied his motion and set a date for his trial setting.
Camilo Apilado Hipoma’s repeated attempt for the dismissal of the rape case against him has not been successful.
Superior Court Judge Michael Bordallo, in his decision and order, said that the failure of government lawyers to present the exact date and time of the offense does not render an indictment deficient.
Hipoma is charged with two counts of first-degree criminal sexual conduct as a first-degree felony and five counts of second-degree criminal sexual conduct for repeatedly sexually molesting a 12-year-old girl over a period of years.
According to the grand jury proceedings, although the victim provided broad time frames, the minor actually reported several acts of a similar nature within the period stated in each count.
Quoting a Montana Supreme Court ruling where a period of 10 months was sufficient notice in a rape case involving a 4-year- old victim, Judge Bordallo ruled that the broad time frame is sufficient, saying that “children are less likely to distinguish dates and times with specificity, and if the victim cannot set a date for the crime, (this) should not be fatal to the case.”
Judge Bordallo stated that the court is mindful of the difficulty for children of a tender age to recall exact dates of alleged criminal sexual conduct.
The court also concluded that the government lawyers’ failure to present a Bill of Particulars does not warrant a dismissal of the indictment.
Hipoma’s rape case shall proceed and the trial setting is scheduled for tomorrow at 9 a.m.