A Garden City, Kan., man is in jail awaiting trial on charges he raped a 15-year-old girl while the victim was visiting the daughter of his 37-year-old companion, The Garden City Telegram reports. His companion was charged with rape as well, accused of standing by while the assault occurred.

Michael P. Perez had been out of jail for only two months when the alleged assault occurred. His previous conviction on charges of raping a teen-ager was overturned when an appeals court ruled testimony about the prior sexual history of the victim was admissible, despite the state’s Rape Shield Law, intended to protect victims. The teen-ager who had testified at the first trial decided she would not testify again and the charges were dropped.