A judge on Thursday threw out a first-degree felony rape charge against former Brigham Young University standout wide receiver Parker Kingston — but prosecutors from the Washington County Attorney’s Office say they are not done with the case and plan to bring it back to court.
The trial had been set for July, but state prosecutors sought a postponement. When the court denied that request, it dismissed the case without prejudice, which means the state retains the ability to refile the charge at a future date. The Washington County Attorney’s Office confirmed it intends to do exactly that.
Kingston’s attorney, Cara Tangaro, declined to offer any comment on the ruling.
Kingston had been BYU’s top receiver last season before he was charged with rape in February in St. George, Utah, following a yearlong investigation. He entered a not guilty plea.
Prosecutors sought the delay because of the alleged victim’s health, saying her documented medical condition currently prevents her from taking part in trial proceedings. Deputy Washington County Attorney Jerry Jaeger made the state’s position clear in a filing dated June 16, writing: “The State cannot proceed without the victim. The State will not jeopardize the victim’s health.”
An attorney representing the alleged victim also filed a joint request, asking the court to push back the jury trial so the victim could “fully recover from her medical issues.”
Kingston’s legal team pushed back against any delay, arguing that a similar postponement request had already been denied and that further waiting would violate Kingston’s right to a speedy trial. His attorneys contended he had endured significant stress from what they called a false accusation and that the charge had prevented him from finishing his college degree.
“Those harms deepen with every month of delay,” Tangaro wrote in a June 17 response to the court.
According to prosecutors, a 20-year-old woman told officers that Kingston assaulted her at her home in February 2025. Kingston told St. George police that “all sexual activity” with the woman was “consensual,” according to an affidavit. The woman told investigators she had made it clear to Kingston before he arrived at her home that she did not want to have sex, and that she told him to stop multiple times after he initiated contact, the affidavit states.
The alleged victim’s family released a statement expressing deep disappointment over the dismissal. “Our hearts are with our daughter, who showed tremendous courage in coming forward and placing her trust in the justice system,” the statement read. “Today, that trust was shattered when the Court prioritized getting an athlete back on the field over justice.”
