The University of Idaho Argonaut

Rape charges against David L. Barkdull were dropped Friday after Latah County Deputy Prosecuting Attorney Michelle Evans filed a motion that stated the prosecution did not have enough evidence to prove beyond a reasonable doubt that Barkdull was guilty.

Barkdull, 23, was charged with the alleged rape of an 18-year-old female UI student at the Kappa Sigma fraternity in September.
At his arraignment in October, Barkdull pleaded not guilty. His trial was set to begin Monday.
Barkdull is a Kappa Sigma alumnus and former Argonaut employee.

In the motion to dismiss criminal information, Evans stated the prosecution still believes the sex was not consensual and “there clearly was probable cause for the charge.” But after further investigation in preparation for the trial, she said “the State is satisfied that it cannot prove beyond a reasonable doubt that there was physical resistance or that criminal force or violence was used to accomplish the act.

According to Idaho Code 18-6101, rape, defined as “the penetration, however
slight, of the oral, anal or vaginal opening with the perpetrator's penis,” must be accomplished with a female under any one of several circumstances, including where she resists but her resistance is overcome by force or violence.
Barkdull’s attorney, Jed Nixon, could not be reached for comment Friday evening. After the arraignment in October, Nixon told The Argonaut in response to the upcoming trial, “there are always two sides to every story.”

For more information, read Tuesday's issue of The Argonaut.