Overview
- Washington County refiled the charge Thursday, Nov. 12, seeking to prosecute a first‑degree felony that alleges Kingston sexually assaulted a woman identified as A.M. in her St. George apartment on Feb. 23, 2025.
- A 5th District judge dismissed the earlier case without prejudice in June after denying prosecutors a trial delay because the alleged victim said she was not ready to testify, which left prosecutors free to refile.
- The new charging documents quote explicit text exchanges and a police interview, including a message in which Kingston told a friend he 'cracked her' and his reported explanation to investigators that the phrase meant 'to have sex'; many Snapchat messages between Kingston and the woman are no longer available.
- Kingston's lawyers say he is innocent and criticized the filing as one‑sided, and Kingston has already faced immediate consequences from BYU that include removal from the football team and loss of student status.
- The case will return to court for procedural review and questions about witness readiness and evidence admissibility, with some outlets reporting a Dec. 17 appearance as the next scheduled step.