Cadet Assault Case

Prosecutors have dropped a felony rape charge against an Air Force Academy cadet accused of assaulting a 17 year old high school student at a party.

Deputy District Attorney Diana May filed a motion yesterday dismissing the first-degree sexual assault charge against 21 year old Nicholas O. Martin.

She says the alleged victim has refused to testify.

The girl had told police Martin allegedly got her drunk and raped her at a September 10th party in Fountain.

Martin's lawyer, Patrick Mika, says the sex was consensual and the girl was of legal age to give consent. Mike denies Martin gave the teenager alcohol.

An academy spokesman says Martin could still faces military charges or administrative punishment.