A Nebraska judge has declared a mistrial in a sexual assault case in which he attempted to ban the use of the words "rape, victim," and "sexual assault".
District Judge Jeffre Cheuvront declared the mistrial on Monday after alleged victim Tory Bowen refused to go along with his order.
Bowen told the judge following the order would force her to commit perjury about the alleged rape.
A Boston attorney filed an appeal on her behalf, but late last week the Nebraska
Supreme Court refused to hear any appeal.
The gag order from the county judge last week outraged victims rights attorneys nationwide and gathered attention from cable news and talk radio outlets.
Bowen was a 21-year-old student at the University of Nebraska in 2004 when she alleged that Pamir Safi raped her when she was too drunk to either fend him off or consent to sex.
Safi, who was 33 when the incident occurred, says the sex was consensual.
He was charged with "sexual assault" under a Nebraska law that does not use the word rape.
Safi says Bowen was too drunk to remember her consent.