A 39-year-old woman appeared in 1st District Court Wednesday morning and gave testimony in a child sex abuse case, sharing memories she said have haunted her since her childhood.
The woman said she was molested by someone she considered a family friend in 1988, when she was just 8 years old.
She finally stepped forward in October 2018 after she saw a Facebook post in which 44-year-old Jared Martindale said he was sorry for the hurt and embarrassment he may have caused anyone.
The woman said Martindale’s post raised a question with her that compelled her to report the abuse after 30 years.
“Why does he get to start over and I can’t?”
Martindale, 44, was charged in April with rape of a child and object rape of a child, each first-degree felonies, and two counts of sexual abuse of a child, a second-degree felony.
Cache County prosecutor Dane Murray said he amended the charge of object rape to aggravated sexual abuse of a child Tuesday night after noticing the error in filing.
During her emotional testimony, the alleged victim sad Martindale touched her inappropriately through the clothing on two occasions.
She also shared very intimate details of a third incident, saying he told her to get in the shower with him and attempted to have sex with her.
Martindale was a freshman in high school at the time, she said.
During investigations, a Logan City Police detective said he discovered the allegations of sexual assault also involved another child, although that individual did not testify during Wednesday’s preliminary hearing.
Defense attorney Wayne Caldwell said the problem with this case is that Martindale has been accused of sexual abuse of a child when he himself was still a child.
He would argue that this case should have been tried in the juvenile court, although now that 30 years have passed, that becomes problematic because the juvenile courts do not have jurisdiction over the accused after they have turned 21.
In addition, he said, there are issues with the statute of limitations that was in place at the time of the alleged incidents — eight years.
Judge Brian Cannell said those are both matters he wants more information on before proceeding, so Caldwell and Murray will provide written argument on those matters and preparation for a hearing that has been scheduled on Aug. 29.