Parker Kingston rape charge dismissed; state to refile vs. ex-BYU WR - ESPN

A judge Thursday dismissed a first-degree felony rape charge against former BYU wide receiver Parker Kingston, though prosecutors said they planned to refile the charge.

The case was scheduled for trial in July, but Utah state prosecutors requested a continuance, according to the Washington County Attorney's Office. The court denied the request and instead dismissed the case without prejudice, meaning the state can refile the case, the attorney's office said in a statement.

Kingston's attorney, Cara Tangaro, declined to comment.

Kingston, who was BYU's leading receiver last season, was charged with rape in February in St. George, Utah, following a yearlong investigation. Kingston pleaded not guilty.

The Washington County Attorney's Office requested a continuance due to the woman's health, stating her documented medical condition currently prevents her from participating in trial proceedings.

«The State cannot proceed without the victim. The State will not jeopardize the victim's health,» Deputy Washington County Attorney Jerry Jaeger wrote in the request filed Tuesday.

An attorney for the woman filed a joint request, asking the court to continue the jury trial to allow her to «fully recover from her medical issues.»

Kingston's attorneys opposed postponing the trial, arguing the state made a similar request that was already denied and that a delay goes against Kingston's right to a speedy trial. They contended that Kingston had borne the stress of being falsely accused of rape and that the charge had stopped him from completing his college degree.

«Those harms deepen with every month of delay,» Tangaro wrote in a response Wednesday.

Prosecutors allege a 20-year-old woman told officers that Kingston assaulted her at her