Man wrongly accused of rape speaks out one year later

False Accusers

FORT COLLINS, Colo. – Police found inconsistencies in the story of a Fort Collins woman who claimed she was raped soon after she reported the crime, according to a police interview obtained by 7NEWS.

Katherine Bennett, 21, was eventually convicted for lying to Windsor Police when she claimed Dustin Toth kidnapped and raped her. Last year, Toth, now 26, spent the day before Thanksgiving in jail.

That same day, Bennett was called in for questioning.

“Right now the statements I’ve been given don’t match evidence,” the investigator told Bennett, adding that Toth could spend 30 years to life in prison for the crimes she accused him of.

“There are some things that aren’t exactly clear to me and might not be exactly true,” Bennett told the investigator. “But did he violently rape me, yes.”

When the investigator continued to bring up problems with Bennett’s story she said, “It’s fine, I’ll drop all charges.”

Toth’s police interview from that same day shows him breaking down and crying. He explained to police he was friends with Bennett from work and they had consensual sex.

Bennett, engaged at the time, went to the hospital and claimed she was assaulted. Her fiancé was also interviewed by police.

Toth said Wednesday that, one year later, his life still feels out of his control.

“Bennett changed her story more than once, and that’s the only thing that saved my life,” Toth said.

The Army National Guardsman was fired from his civilian job and couldn’t find another for nearly six months. He said he’s been behind on his car payment ever since, and is fighting to keep the car from being re-possessed.

He said emotional pain rivals those financial problems.

“I feel like I’m incapable to actually trust a woman again,” Toth said. “I try to every day; I want to.”

He said he finds healing in sharing his story.

“The more I put myself out there, the more I feel a little bit better that the truth is being put in perspective,” Toth said. “Giving me the opportunity to share — it gives me an opportunity to clear my name because I still don’t think it’s clear.”

7NEWS was unable to reach Bennett for comment. She was sentenced to 35 days in jail, then electronic monitoring and probation. This week, a judge granted her request to serve her probation in Illinois with her family.

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