The case against a University of Arizona student accused of sexual assault has been dismissed.
David Lipan was scheduled for trial July 10 in connection with an alleged sexual assault at the Alpha Sigma Mu fraternity house in August 2017.
The charge was dismissed without prejudice, meaning the Pima County Attorney’s Office could refile at a later date.
The woman, a UA freshman at the time, told campus police that she and a friend were offered shots and chasers when they arrived at the house and danced for a little while before they saw Lipan, according to court documents.
The two went to Lipan’s room with him, where he poured them more shots, getting aggressive and threatening to kick them out if they didn’t take them, court documents show.
Lipan told the woman’s friend to leave the room, after which he locked the door and the pair kissed. The woman said that after that, things started to get “blurry” and that Lipan said something to the effect of she “was stuck here and couldn’t do anything about it,” according to court documents.
Lipan forced himself on the woman, despite her saying she didn’t want to have sex, court documents show.
The woman reported the incident to campus police the next day, according to the police report, which noted visible marks and bruising on the woman’s neck.
Lipan was indicted on the sexual assault charge in February 2018 and the woman filed a $2.5 million notice of claim against the UA shortly after. The claim, which is the precursor to a lawsuit, was never pursued in court.
In January, Lipan, who was facing between five and 14 years in prison if convicted on the sexual assault charge, rejected a plea deal with the County Attorney’s Office. The deal would have allowed Lipan to plead guilty to a felony charge of sexual abuse and serve between half a year and 2.75 years, if he didn’t receive probation.
Lipan was scheduled for a motion hearing on Monday, June 10, to address whether an allegation of a second sexual assault would be allowed to be presented to the jury.
Documents filed by the county attorney’s office in December show that in Naperville, Illinois, in 2015, high school senior Lipan picked up a 14-year-old freshman girl who he knew through mutual friends. The girl thought the pair were going to Dunkin’ Donuts, but Lipan instead drove her to a parking lot where he was accused of forcing himself on her, according to the documents.