Pastor David ‘Scott’ Lemley will avoid prosecution for aggravated rape charges following an investigation by state attorneys that decided they had no recourse under Louisiana law to prosecute him.

Lemley was arrested in March of last year because of allegations that he had sex with a mentally handicapped 20-year-old with the mental capacity of a 7-year-old. The poor girl’s own father reportedly asked her to have sex with the pastor because his wife is ‘ill’ and ‘bedridden.’

According to The Advocate:

The provision of Louisiana’s aggravated rape statute under which Lemley was arrested states that the crime occurs when the victim is prevented from resisting the act “because the victim suffers from a physical or mental infirmity preventing such resistance.”

According to those attorneys, if the victim doesn’t try to resist, aggravated rape didn’t occur.

Watch the local news report from WBRZ in Baton Rouge regarding the case.