He told the jury that it will be alleged by the prosecution that the assaults involved touching, fondling and licking the alleged victim's genital area and her breasts without her consent, but that penetration did not occur.
Additional Sessions judge Amit Kumar acquitted both accused on the grounds of delay in lodging the case by the victim and unreliability of her evidence.
Major Mike Nunn announced in a press release that the four were arrested after a woman reported she was sexually assaulted several times while she was "mentally incapacitated due to alcohol intoxication" at Patriot Lane Apartments on March 28. "There is no delay in lodging the FIR and accused was arrested from the spot".
In bringing down her decision, Justice Rosalie McGrath says Kennedy's testimony showed a lack of insight into the seriousness of domestic abuse.
"Further, the victim refused her internal examination in the medical".
Leoncio Sacramento-Benitez, 39, of the unit block of York Road, was arrested February 1 and charged with 10 counts each of rape, sexual assault, terroristic threats, false imprisonment, simple assault and harassment. They later threatened her not to mention the incident to anyone. Eckard then grabbed her "roughly" around the wrist, placed two fingers in her nostrils and slammed her head into the window of a vehicle several times, the woman told police.