
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, October 27, 1995                   TAG: 9510270067
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: S.D. HARRINGTON
DATELINE:                                 LENGTH: Short

STUDENT'S ASSAULT CHARGES DROPPED

Sexual assault charges against a Roanoke College student were dropped Thursday after his accuser did not proceed with the prosecution.

Jose Marcial Cortez-Ruiz, 21, of Alexandria was arrested two weeks ago on charges of rape and two counts of sodomy after another Roanoke College student told police that he forced her to have sex after an off-campus party.

Commonwealth's Attorney Fred King said he met with the 18-year-old woman earlier this week and discussed the preliminary hearing, which was scheduled for next Tuesday.

A day after meeting with King, the woman told a Salem detective that she did not want to continue with the prosecution.

King said he had explained to the woman what to expect during the preliminary hearing and that some aspects of the case could be difficult to prove.

Cortez-Ruiz's attorney, Peter Katt, said he had wanted to hold the preliminary hearing Thursday because his client was to meet that day with the college's Student Conduct Board.

The woman had told police that the incident occurred in an apartment on West Main Street.

by CNB