A judge has dismissed a charge of felony rape against a Boise police officer at the request of prosecutors, who felt they needed more time to present evidence to the court. However, the officer remains the subject of investigation.

The rape charge stems from the night of Oct. 13th, when Eric Simunich went to dinner with a woman he’d met online the night before. After dinner they returned to her home to watch a movie.

The woman told police Simunich later forced himself on her. She reported the incident to police the next day and underwent an examination.

The case was set to go to a preliminary hearing today, during which a judge would have determined if there was enough evidence to move forward. However, prosecutors told the Idaho Press they did not feel they had enough evidence to present the case at Friday’s scheduled hearing.

The judge dismissed the case without prejudice — which means prosecutors can file the charge again if they choose to do so.

The Ada County Sheriff’s Office confirmed they are still investigating Simunich.