Frank William Rackley is accused of kidnapping and raping the 17-year old victim. The girl has been held for more than two weeks on a material witness warrant. Attorneys have been seeking the girl's release.
Authorities say Rackley abducted the girl at a light-rail station in July and raped her.
Prosecutors say the victim has already missed two court dates, forcing the case to be dropped and re-filed. They say it's a matter of inconveniencing the witness for the protection of the community.
Prosecutors argue the girl is a foster child with a history of running away who said she would not testify.
While the victim can't be forced to testify, she is required to attend court. One of the girl's attorneys says she is willing to testify. The case is scheduled to begin on April 23.
The Sacramento Bee reports Rackley is also charged with raping a prostitute who identified the swastika tattoo on his chest.
