ST. GEORGE — A judge dismissed a first-degree felony rape charge against former Brigham Young University wide receiver Parker Kingston. The dismissal, without prejudice, permits the state to refile the charge at a later date.

Judge Jay Winward presided over the case and denied a prosecutor's request to delay the jury trial, which was previously scheduled for July 6 to July 10. The Washington County Attorney's Office requested a continuance, citing the alleged victim's documented medical condition as a barrier to trial participation. An attorney for the alleged victim filed a joint request to continue the jury trial until the victim could recover from her medical issues.

Kingston, who pleaded not guilty to the charge, attended the hearing remotely via video conference. His legal team opposed the postponement, stating that a delay conflicts with the defendant's right to a speedy trial and has prevented him from completing his college degree.

Prosecutors allege a 20-year-old woman reported that Kingston sexually assaulted her at her residence in February 2025. According to a police affidavit, Kingston told investigators that all sexual contact with the woman was consensual. The woman told investigators she informed Kingston before his visit that she did not want to have sex and that she told him to stop several times during the encounter.

Kingston's attorney, Cara Tangaro, said, "I do think this case is being handled differently by the government. The remedy is to dismiss this without prejudice and then if and when they are ready to go to trial they can refile."

A representative for the alleged victim's family issued a statement expressing disappointment with the court's decision. The statement read, "Our hearts are with our daughter, who showed tremendous courage in coming forward and placing their trust in the justice system. Today, that trust was shattered when the Court prioritized getting an athlete back on the field over justice." Judge Winward stated that he considered Kingston's education and family circumstances alongside athletic career impacts when making the scheduling decision, and noted that prosecutors delayed filing the initial charge for one year. Prosecutors requested a written ruling on the dismissal to facilitate an appeal.