Rochester, MN (KROC-AM News) - The charges against a man accused of a sexual assault in Rochester last November have been dismissed.

A criminal complaint was filed against 41-year-old Keith Alan Butler last December after Rochester police investigated a report of a sexual assault on November 11. The victim told investigators that she was sexually assaulted in a wooded area in the 1200 block of 16th Street Southwest.

photo by Kim David TSM

According to the court document, the victim identified Butler as her attacker through a photo lineup. The charges also indicated that investigators determined Butler was in the area where the assault occurred on the morning of the incident.

The complaint states the victim told police she had been out drinking and returned to the wooded area, where she encountered her attacker, who allegedly removed her pants and made sexual contact with her. She reported that she managed to pull away, and her assailant responded by kicking her between the legs.

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Butler was taken into custody in early December and charged with felony fourth-degree criminal sexual conduct, along with two counts of gross misdemeanor fifth-degree criminal sexual conduct.

Butler. Olmsted County ADC

The Olmsted County Attorney’s Office this week dismissed all of the charges. The court filing indicates that Butler’s defense attorney brought forward information concerning a potential alibi witness last month, just before his trial was set to begin. The disclosure led to the trial being rescheduled for June 23. Following additional investigation and the discovery of new evidence, prosecutors now say there is insufficient evidence to prove the case beyond a reasonable doubt.

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