A 71-year-old man is walking free after he was found incompetent to stand trial and not restorable, forcing a Jefferson County judge to drop charges of sexual assault on a child that had been pending for several years.Robert Dix son was accused of sexually assaulting a child, who was his relative, over the course of three years when the child was between the ages of 7 and 10. Dixson was in his 60s at the time of the alleged crime and faced multiple felony charges.After his arrest, he was evaluated six times and hundreds of attempts were made to improve his mental health, according to the judge. Ultimately, the judge says a doctor determined he had a minor neurocognitive disorder, typically found in people diagnosed with dementia. He was found permanently unfit to stand trial.The charges were dropped during a final hearing last week. He had spent the majority of the case out of custody, on bond.This case is the latest in a string of cases Denver7 Investigates has covered that have been dismissed over the past 18 months after a 2024 amendment to Colorados competency law took effect. The law requires courts dismiss cases where the defendant is found incompetent and not restorable. The previous version of the law provided more flexibility, saying that a court may dismiss the case, rather than shall dismiss, as the new law states. Multiple district attorneys have cited this law as the reason cases are being dismisses.What am I going to tell my daughter? the father of the victim asked when speaking to Denver7 Investigates.The father spoke on the condition of anonymity to protect his daughters identity, since she is a minor and a victim of sexual assault. He said the family was extremely frustrated by the ruling.Why would anybody want to come out and say that theyve been abused if they know that the system is going to fail them? he said.Dixson had turned himself in after the crime, and according to his arrest affidavit, he admitted to assaulting the girl.He briefly spoke with Denver7 Investigates after the hearing where his charges were dropped. He said he wanted to tell the victim he was sorry and he didnt mean to do it. When asked if it was fair for the case to be dismissed, he said he wasnt sure.Jefferson County District Attorney Alexis King has been a vocal critic of the law and spoke with Denver7 Investigates in October 2024. She said its a community safety problem and the wording of the law binds the hands of judges who are hearing the cases.The reality is that these cases are being dismissed based on what that law says, she said. We have dismissals, we have people without services and they are in our communities. And that is not what I think my community expects when there is someone who is dangerous.State Sen. Judy Amabile (D-Boulder) was one of the main sponsors of the bill and doesnt agree with that sentiment.Prior to the bill that we passed in 2024, they would make this determination that the person is unlikely to be restored. And nine times out of ten, the charges would be dropped. The amount of beds that we have for people who need long term placements has declined over time, at a time when our population is rising, when more people are being found to be incompetent to stand trial.But King still feels this problem starts with the law and pointed to the fact that no additional funding was allocated for mental health resources when it was passed.The fact is that they changed the law. They didnt worry about funding at the time, and here we are, she said.Gov. Jared Polis, who also criticized the law last year when it was garnering media attention, is seeking to fix the problem in his new budget proposal.The proposal requests more than $70 million over the next three fiscal years for ensuring community-based supervision and facilities are available for people found incompetent to stand trial.We are really working hard on legislation that will help in a situation like this, Amabile said. But obviously the harm has been done.King added: At the end of the day, I think all Coloradans feel like they pay taxes so that systems like this work and we really have to put our money where our mouth is. In the end, lawmakers will decide how to shape the states budget, but several are already saying competency will be a priority. Several victims of some of the cases that have been dismissed have told Denver7 Investigates that they plan to testify at hearings during the session.But for the victims family in Robert Dixsons case, they know nothing will change this case's outcome.How would you feel if someone came to you saying, you know what? We understand what happened. We understand the horrific crime that has happened to your family, but theres nothing we can do? the father said. Were here today because thats not OK. And Im not going to let it be OK, because my daughter deserves a fight.In the video player below, watch Denver7 Investigates' full 30-minute special looking into the change in Colorado's competency law that critics say is leaving the legal system at the crossroads of empathy and accountability. Denver7 Investigates: The Complexity of Competency ...read more read less