Once convicted of raping a girl who couldn't consent to sex, David Sukup is getting a re-trial.

He first appeared in Minnehaha County Court on the rape charges in 2004. Now more than four years later, a judge overturned Sukup's guilty conviction when evidence showed that Sukup's initial attorney didn't call adequate witnesses to the stand. Sukup has been out of prison ever since the conviction was overturned, but he was back in court Thursday morning for an arraignment hearing. In that hearing, a judge advised him his rights and read him what he's charged with. Sukup faces eight rape counts.

As the re-trial quickly approaches, Minnehaha County Deputy State's Attorney Hope Matchan says this case will be particularly difficult. She said, "Because we are dealing with a victim who was sexually assaulted by a man and the victim does not have the capacity to consent to sexual intercourse."

Minnehaha County Public Advocate Julie Hofer was in court and unavailable for an interview, but has told KSFY it's important that Sukup get a fair trial, as guaranteed by the Sixth Amendment to the U.S. Constitution.

Sukup is scheduled to appear in court for a pre-trial hearing on November 5th. His jury trial is scheduled to begin November 17th.

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