|A 50-year-old alleged rape case has surfaced in the Roane County court system.|
Orville Trembly has been indicted for two charges of rape in the 1950s, allegedly he raped a female under the age of 16 on two occasions between 1953 and 1957.
The woman testified before a May 24 grand jury, an unusual event for the alleged victim to give sworn testimony before such a body.
Roane County Prosecutor Mark Sergent said she petitioned the court herself to discuss the allegations.
Robert Bastress, a West Virginia University law professor, said "It's not normal, but a citizen can present their own case with the court's permission and also if the prosecutor won't represent the case."
Bastress said "There is no statute of limitations for felonies in this state."
Trembly has been released on $50,000 bond.
Roane Prosecutor Mark Sergent asked to withdraw from the case because of a conflict of interest between himself and the victim.