Prosecutors have dropped a criminal charge against a resident patient at the Veterans Affairs Medical Center in Lexington who was accused of raping a fellow veteran last month.
The United States Attorney's Office dismissed a federal charge of aggravated sexual abuse against Bobby Anderson at a hearing Wednesday, according to court documents.
The charge was dismissed without prejudice, meaning prosecutors could file charges again in the future.
Prosecutors did not say why the charge was dismissed. The investigation is open.
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The woman, who was identified only by her initials in court documents, told police that Anderson pushed her into a bathroom at the VA Medical Center, locked the door behind them and raped her, according to an affidavit filed in November.
Anderson told police he and the woman had consensual sex. He said he and the woman, who was married, had a relationship for about a week and a half, and that he had text messages to prove it.
"This is a he-said, she-said," said Anderson's attorney, Andrew Stephens.
Stephens said the intercourse was never disputed or denied, and there was "no forensic evidence" of rape.
"She said originally that it was rape, it was forcible," he said. "Maybe it could be that that story is not standing up very well."
The attorney said he did not know what Anderson or the woman were being treated for. He said Anderson voluntarily committed himself to the hospital.
"I know the alleged victim was not there voluntarily," he said.
Anderson had been ordered by the court to stay at the medical center after he was charged. Stephens said Anderson has returned home to Tennessee.