The Twin Falls Police Department arrested Mohammed Husssein I. Eldai for the crime of Sexual Abuse of a Vulnerable Adult, a felony in violation of Idaho Code 18-1505B on August 6, 2016. Members of the TFPD’s Criminal Investigation Division continued to investigate the case after the arrest was made. Upon completion of the investigation, it is the opinion of TFPD investigators that there is not sufficient evidence to continue with the prosecution of this case as the victim does not meet the statutory definition of a vulnerable adult. Therefore the final report recommends that the criminal case against Mr. Eldai be dismissed.
“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 Craig Kingsbury. (Twin Falls Chief of Police).
The female involved in this case, and her family, have asked that their privacy be respected and that they not be contacted by members of the general public or the media.
Idaho Code 18-1505B:
SEXUAL ABUSE AND EXPLOITATION OF A VULNERABLE ADULT. (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.