Prosecutors withdraw rape case against Wilkes-Barre man
Feb. 24—WILKES-BARRE — Luzerne County prosecutors withdrew rape related charges against a Wilkes-Barre man who was accused by a woman of sexually assaulting her in 2021.
Wilkes-Barre police charged James McIver, 27, of North Sherman Street, after a woman alleged he walked with her from the downtown area to Stanton Street where he sexually assaulted her on Sept. 5, and took her to a residence on Parrish Street where the assault continued.
Prosecutors filed a motion to dismiss the case against McIver on Dec. 29.
Judge Joseph F. Sklarosky Jr. on Thursday granted the motion dismissing two counts of rape and one count each of sexual assault, indecent assault and unlawful restraint.
First Assistant District Attorney Anthony Ross said the case was withdrawn when a video was discovered during the investigation showing the sexual relations were consensual.
Attorney Demetrius Fannick represented McIver.