BENTON COUNTY, Ark. (KNWA/KFTA) — A doctor in Rogers who has been charged with rape has filed a request for his case to be dismissed after what he says was a violation of his Fourth and Sixth Amendment rights.

Rikhav Vasanwala, 33, originally arrested on February 17, 2022, after an adult female reported that she had a video recording of a rape that occurred at Vasanwala’s apartment in Rogers.

Vasanwala was a third-year resident at UAMS at the time of his rape arrest.

The victim told investigators that he provided a prescription medication for her to take, then recorded himself raping her when she was unconscious. She recovered the video from his phone.

Now, Vasanwala says that key evidence for his defense has been interfered with.

In a 12-page request for dismissal filed by the defendant at the Benton County Court on April 26, 2023, he noted the actions that led to the reported rights violation, saying that he was taken into custody on Feb. 23, 2022, and was interviewed by Detective Rick Yager with the Rogers Police Department.

Vasanwala informed Yager that he had an SD card on his person that was for his lawyer and contained key evidence to support his defense.

Yager then allegedly told Vasanwala to provide the SD card to the police. After a phone call with his attorney, the defendant said that he would not be providing any further information.

The document from the defense says “Mr. Vasanwala was subsequently arrested, his SD card and phone were seized, and Detective Yager requested warrants for both, which were approved on February 24, 2022, and March 8, 2022, respectively. The SD card was ultimately searched and contained various digital media vital to the Defendant’s defense.”

The defense now claims that by seizing and searching the SD card, Detective Yager, the Rogers Police Department and the Benton County Prosecuting Attorney’s office violated Vasanwala’s rights under the Fourth and Sixth Amendments of the U.S. Constitution.

The Fourth Amendment of the U.S. Constitution prohibits unreasonable search and seizures, while the Sixth Amendment guarantees the rights of criminal defendants including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury and the right to know who your accusers and the nature of charges and evidence.

In the court filing, Vasanwala and his attorneys said that this is a chance for the court to send a message.

“This is not a situation where the likelihood of repeat conduct is low. If the sanction for Fourth and Sixth Amendments violations have no real effect on the government’s case, then there is no deterrence from such behavior in the future. The Court must send a message of ‘zero tolerance,'” the document said.

The request for dismissal goes on to say that the only fair way to handle the case at this point is to “impose a significant sanction, such as dismissal of the charges pending against Mr. Vasanwala.”

“Should the Court find insufficient basis for dismissal, then the Court should exclude Detective Yager as a witness at the trial of this case, exclude the evidence contained on the SD card, and disqualify the Benton County Prosecuting Attorney’s Office from prosecuting the case,” said the motion.

Vasanwala is also a defendant in a wrongful death lawsuit filed on January 2022 which has recently received a trial date. The 10-day jury trial will start on Jan. 8, 2024.