The rape case against a former St. Mary's School coach has been dismissed by Jackson County prosecutors.

The rape case against a former St. Mary's School coach has been dismissed by Jackson County prosecutors.

The charges against Victor E. Matoush were dropped on Wednesday after the state obtained new evidence Tuesday which was turned over to Matoush's defense attorney.

Matoush, 40, was alleged to have tied up and raped a 38-year-old woman at the end of a consensual sex encounter, court documents show. The new evidence led prosecutors to drop the charges because they "could not sustain a successful prosecution," said District Attorney Rachel Bridges.

"I discovered exculpatory evidence that I had to turn over to the defense and we decided to dismiss the case," Bridges said.

The alleged victim, a longtime acquaintance of Matoush, reported the rape shortly after midnight June 18, 2007. She said after engaging in consensual sex with Matoush, he handcuffed her wrists against her will, according to an affidavit.

The accuser had said she first thought Matoush was joking, then told him he was hurting her and asked him to release her from the handcuffs, court documents stated. She alleged that he did not respond to her request and proceeded to tie her legs to the bed posts as she cried and begged him to stop. He then had sex with her and afterward left her tied up for about 10 minutes, the affidavit showed.

The alleged victim has been notified about the state's dismissal, Bridges said.

"She is aware the state could not successfully prosecute this case," she said.

When police later phoned Matoush regarding the woman's claim, he admitted to handcuffing her and said he thought she was a willing participant, the document stated. He also apologized for his actions.

Matoush was arraigned on charges of first-degree rape, first-degree sex abuse and coercion in July 2007. He was released from Jackson County Jail on bail a few days after his arrest.

Matoush served as girls varsity basketball coach for three years until March 2007. He now resides in California. He did not return calls to the Mail Tribune today.

— Sanne Specht