Parker Kingston faces refiled rape charges after prosecutors restarted a case previously dismissed by a judge.
The Washington County Attorney’s Office refiled the first-degree felony charges against the 22-year-old former BYU football wide receiver on Thursday, KSL.com reported. The legal action follows a previous dismissal in 5th District Court after prosecutors requested a trial delay because the alleged victim was not ready to testify.
5th District Judge Jay Winward denied that request in July and dismissed the case, stating there is no constitutional right to delay a trial. The woman’s family expressed disappointment with that initial ruling, but their legal representation praised the decision to bring the case back to court.
"Their decision to refile these charges has renewed my client’s faith in the justice system and her belief that her voice will be heard," Andrew Deesing, the woman’s attorney, said in a statement reported by KSL.com.
Thursday’s charging documents outline conflicting accounts of what happened between Kingston and the woman in St. George. The filings state that Kingston traveled to visit the woman, who had instructed him not to come if the exclusive purpose was to have sex.
Both individuals agreed that they initially talked and watched a movie in the woman’s room, engaging in consensual sexual activity short of intercourse. According to the charges, the woman then left the room, returned, and said that Kingston grew more aggressive and wanted to have sex.
The documents state the woman told Kingston "no" four times before he engaged in sexual intercourse without her consent. Kingston countered that the woman did not say no during the encounter, though he acknowledged receiving a text message from her an hour after his departure stating that she had told him no.
Investigators also reviewed text messages between Kingston and a friend where Kingston stated he "cracked her." Kingston told investigators that phrase meant he had sexual intercourse. Most direct digital communication between Kingston and the woman occurred on Snapchat and is no longer available.
The refiling clears the way for the case to restart through the Utah court system. No new trial date has been set following Thursday’s charging documents.
"We look forward to seeing this matter proceed through the courts and to the pursuit of justice," Deesing said.
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