JONESBORO, AR (KAIT) - Prosecutors cited a "lack of conclusive physical evidence" for not formally charging an Arkansas State University student accused of rape.
Charlene Henry and Tiarra Tanner, deputy prosecuting attorneys for the Second Judicial District, recommended in a letter dated Oct. 19 that the case against James Key Chambless be closed without prosecution.
Chambless was accused of sexually assaulting a 19-year-old woman in February at the Alpha Gamma Roe fraternity house on the A-State campus.
According to the probable cause affidavit, the victim claimed she and Chambless began kissing and he "took it too far."
"In his interview, the suspect admitted that the parties had consensual sex that night," the letter stated.
However, to meet their burden of proof, the prosecutors said the State had to "present evidence that the suspect engaged in sexual intercourse or deviate sexual activity with another person by forcible compulsion."
The prosecutors stated a lack of conclusive physical evidence and conflicting witness statements prevented them from moving forward with the case.
"It is our opinion that the State cannot meet its burden in this case," the prosecutors concluded.
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