http://www.newsobserver.com/1185/story/524340.html
DURHAM - Durham District Attorney Mike Nifong dismissed part of the rape case against three former Duke University lacrosse players Friday after the accuser told detectives she wasn't certain about a critical detail of the alleged attack.
Nifong dropped the charge of first degree forcible rape against David Evans, 23, of Bethesda, Md., Collin Finnerty, 20, of Garden City, N.Y., and Reade Seligmann, 20, of Essex Fells, N.J.. All maintain their innocence and say the allegations are lies.
The three are still charged with first degree sexual offense and first degree kidnapping.
Nifong dropped the charges at 11:37 a.m. Friday. According to the dismissal form, investigator Linwood Wilson interviewed the accuser on December 21.
"The victim in this case indicated that, while she initially believed that she had been vaginally penetrated by a male sex organ (penis), she cannot at this time testify with certainty that a penis was the body part that penetrated her vagina," Nifong wrote in the filing.
"Since penetration of the vagina by a penis is one of the elements of this offense that the state must prove beyond a reasonable doubt, and since there is no scientific or other evidence independent of the victim's testimony that would corroborate specifically penetration by a penis, the State is unable to meet its burden of proof with respect to this offense."