Charges Dropped Against Husband in Pizza Delivery Rape Case

Rape charges dropped against cheating husband in bizarre case.

ByABC News
June 5, 2009, 4:41 PM

July 2, 2009— -- Charges of rape and kidnapping have been dropped against a married father of two who got more than he bargained for during a romantic rendezvous in the mountains with a stripper.

David Jansen was arrested after a pizza deliveryman stopped by his remote rented cabin in the Tennessee Smoky Mountains and saw a woman tied up on the couch mouthing, "Call 911."

But Jansen claimed all along that the woman was his lover and that she was into bondage, his lawyers providing stacks of evidence that the two had been in a relationship for sometime.

After news of the arrest hit the media, the woman's history of filing false rape claims surfaced and her mother was interviewed saying that her daughter was a notorious liar.

The Sevier County District Attorney's Office agreed with Jansen, saying in a statement that "we could not obtain a conviction against Mr. Jansen nor would we try."

"As district attorneys our job is to seek justice not convictions," District Attorney James B. Dunn said in the statement. "Justice requires us to dismiss these charges based on the victim's credibility and other evidence."

Dunn's statement noted that the woman has been told about their decision and "she insists that her allegations are true.

"This office will not prosecute the victim," Dunn said in the statement. "The evidence would not sustain a conviction for making a false report."

As for Jansen, his lawyers said he's just happy to be cleared.

"Mr. Jansen looks forward to resuming some level of normalcy in his life in hopes to move on as best as possible from this incident," his attorneys said in a statement. "As one might imagine, it has been costly on both a financial and emotional level."

But the damage is already done in many aspects. His wife filed for divorce shortly after learning of his arrest.