Rape charges against UNC Charlotte student dropped due to lack of sufficient evidence
Rape charges against Joshua Arford, the UNC Charlotte student accused of sexually assaulting another student in February, were dropped Friday by the Mecklenburg County District Attorney’s Office, due to a lack of sufficient evidence.
The victim, a 19-year-old female, accused 18-year-old Arford of raping her after leaving an an off-campus fraternity party with him. Witnesses confirmed that both students were intoxicated.
According to the district attorney’s office, the sexual intercourse was consensual at first but the victim asked Arford to stop after experiencing discomfort. She later told the sexual assault nurse examiner, “I believed he stopped but I don’t know.”
Second-degree rape cannot be proven because the victim told investigators that she wanted to have sexual intercourse and that the act began as consensual. The State requires that the act be by force or against the will of the victim to prove second-degree rape.
The State would have to proceed under a theory of mental incapaciation, which cannot be proven when the victim voluntarily causes their incapacitation, or proving that the victim was physically helpless, which the State has no evidence of since the victim does have memories of the evening and activity on her phone record during the time frame in question