Air Force is dropping charges against an officer accused of raping a cadet last year. Second Lieutenant Ronen Segal was accused of assaulting the cadet at his Colorado Springs home last August after a night of drinking.

The charges were dropped Thursday after the investigative officer said Segal's accuser was capable of giving or withholding consent, but did not object or resist. During a hearing last month, the woman testified that she passed out and doesn't remember what happened after she and the officer drank wine and began kissing. She said she regained consciousness during what she described as a rape.

Segal was the second man associated with the academy to be accused of sexual assault this year. However, Segal had already graduated from the Academy at the time of the incident. The other man, a current cadet, has asked for a discharge rather than face a court martial.

Segal's lawyer calls it a "fair and just outcome." However, he says he still could be punished by the academy for allegedly providing alcohol to the underage cadet.