Hello, and thank you for your question.
I think this is subject somewhat to interpretation (so you may get different opinions depending on who you ask) but as a lawyer, and (I would hope) especially as a prosecutor, you have an ethical obligation to bring new evidence that you are made aware of to the court
's attention. That's especially true where the new evidence you learn could free an innocent person. The fact that the suspect was previously charged with rape but not convicted due to technicalities shouldn't even come into play; as attorneys, we take an oath to uphold our system of justice
, to bring honor and honesty to the court and to represent our clients zealously and fairly. As a prosecutor, your clients are the public at large, and that includes the suspect. If he was able to get off on a technicality, then that to me is proof that the system in fact works.
I think a prosecutor also realizes that they aren't going to win every case, that sometimes the guilty (or those that appear guilty) will go free, but you can never hide or withhold evidence to punish the innocent.
Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.
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