Washington County prosecutors on Thursday refiled a rape charge against former Brigham Young University standout Parker Kingston.

A judge dismissed the same felony rape charge against Kingston over the summer, after deciding he would not delay a trial after prosecutors had indicated that the alleged victim might not be ready emotionally to testify.

But the judge tossed the case without prejudice, meaning that prosecutors could refile.

“With the support of the alleged victim, I have made the decision to refile the case,” Washington County Attorney Jerry Jaeger said in a Thursday statement, “and proceed with this prosecution based on the totality of the evidence.”

Defense attorneys Cara Tangaro and Scott Williams said in a statement that it was “disappointing” that Jaeger refiled the charges, and said Kingston maintains his innocence.

“There is no greater power than the Government and that power should be wielded responsibly,” they wrote.

Prosecutors allege that Kingston had been exchanging messages with a St. George woman and, in February 2025, made plans to meet her. She told him “that if the only reason he was coming was to have sex with her that he should not come,” charging documents allege.

But Kingston later texted a friend and said he planned to have sex with her, according to charging documents, but was hesitating because he was upset with her about plans changing. In a reply, he acknowledging that he desired sex.

When Kingston got to the woman’s home, prosecutors say they talked and “engaged in some consensual sexual activity,” but did not have intercourse. When Kingston started to fall asleep, the woman said she left her room to get ready for bed.

When she returned, she alleges Kingston initiated sexual activity. The woman told Kingston “no” four times, she alleged, but he forced her to have sex.

Kingston later told detectives that the woman didn’t say “no,” according to court documents, but that he “felt bad for what happened.” He allegedly said during that interview that the woman had texted him after he had left her home, telling him that she hadn’t wanted to have sex and said she had told him no.

Kingston’s defense attorneys took issue with the amount of detail Jaeger wrote in the latest charging document, which quoted from his text messages directly. They said it was “entirely one-sided” and amounted to “gamesmanship by a prosecutor.”

They said that Kingston texted the alleged victim after he left: “There wasn’t one time where you indicated you didn’t want to do it. There wasn’t one time when you said no.”

“I’m sorry that you feel that way,” he continued. “I feel the same way, and we shouldn’t have done it. We made mistakes, and I just need to learn from it.”

An initial court appearance had not been set as of Thursday afternoon.

Correction • Nov. 12, 6:38 p.m.: This story was updated to accurately reflect that Parker Kingston sent the text message expressing, “I’m sorry that you feel that way.”