Charges dropped against former Kissimmee officer accused of sexual misconduct

OSCEOLA COUNTY, Fla. — Prosecutors have dropped the charges against a former Kissimmee police officer accused of sexual misconduct.

A state investigation alleges that he had sex with a woman he arrested while on and off-duty.

He resigned before he could be fired, and the charges were dropped days before he was set to stand trial Monday.

A one-page document filed by prosecutors describes why prosecutors dropped sexual battery and misconduct charges against former police corporal James Rabb.

The Florida Department of Law Enforcement said that the corporal then phoned prosecutors to ensure preferential treatment for the woman in her criminal case.

Despite that claim, the state attorney’s office said that the evidence was insufficient to go to trial.

“It appears that through the discovery process, depositions were taken, discovery was done and it looks like the state’s case just fell apart later in the case,” said WFTV legal analyst Bill Sheaffer.

Rabb’s defense attorney, Richard Hornsby, said the accuser claimed that Rabb sent her text messages offering her leniency in exchange for sex.

Hornsby said an examination of the phone showed that wasn’t true.

Sheaffer said it’s not unheard of for prosecutors to drop a case nearly a year after an arrest.

“They don’t further investigate until the defense is provided discovery, the defense depositions and then the investigation is done,” he said.

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Rabb resigned last summer after the internal investigation found that he violated department policies.

FDLE conducted the investigation that led to the charges and said it stands by its case.

The state attorney’s office has not said what evidence it has.

Rabb could technically return to law enforcement, but his attorney said that’s unlikely.

Cox Media Group