Army withdraws charges against Presidio rape suspect.

Sexual assault charges against a U.S. Army Sergeant have been withdrawn without prejudice, but the investigation into the alleged rape is ongoing, according to army officials.

C.G. Conerly, a current student at the Defense Language Institute, was accused of having intercourse with an unconscious woman last August. The act occurred in the middle of the night in the living room of the alleged victim's home in Fort Ord military housing, while her husband slept in the bedroom, according to court testimony.

The alleged sexual assault was interrupted by the victim’s husband when he walked into the living room. The husband then called authorities and Conerly was apprehended, but not arrested.

Months later, charges were recommended against him and when he was heading to trial in mid-May, the presiding court-martial decided to not to address the merits of the case and withdrew the charges against him without prejudice, says Brian Lepley, a public affairs officer with the Presidio. This means the government can still bring charges, or new charges, against Conerly in the future.

An explanation as to why charges were withdrawn when trial was supposed to take place has not been given by the Army. Lepley says that information has not been made public as of yet.

During court proceedings in February, Army Capt. Jodie Grimm, Conerly’s attorney, argued the alleged sexual assault was nothing more than the victim making up a story because she was caught cheating.

“Based on the evidence, [Jane Doe] is either lying about what happened or blacked out and engaged in drunken sex,” Grimm said. “Her motive is to fabricate this story because she was caught cheating.”

Lepley says there is no timeline for the government to make its next decision regarding this case.