ALBUQUERQUE, N.M. (KRQE) – An Albuquerque man has been found not guilty of rape charges. The alleged crime dated back a dozen years.

Meanwhile, the New Mexico attorney general (AG) is calling out the judge who acquitted him.

The alleged victim reported the crime back in 2010, but it was not until a few years later when the rape kit was tested and matched to Victor Gonzales. Due to those results, Gonzales was charged.

During this month’s trial before judge Jennifer Wernersbach, the defense asked about the accuser’s consensual sexual activity in the days leading up to the rape. They argued it could explain findings from her medical exam.

AG Hector Balderas released a statement Wednesday, saying he is “deeply concerned that the prior sexual history of an alleged victim was used to discredit her testimony.”

He went on to call the judge’s decision to acquit “disappointing.”

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Gonzales’ attorney responded, saying it was a fair question, and that the judge acted accordingly. Gonzales is set to be released from jail.