updated 1/4/2008 3:17:04 PM ET 2008-01-04T20:17:04

Prosecutors in Nebraska have decided not to pursue a third trial in a sexual assault case that gained national attention after the judge barred the words "rape" and "victim" in court.

The first two trials of Pamir Safi ended in mistrials. He claimed he met Tory Bowen in a bar in October 2004 and had consensual sex with her, but she said that she was too intoxicated to give consent and that he knew it.

Bowen, 24, said Friday that prosecutors called her Thursday to explain their decision before they filed official notice with the court Friday. The notice did not explain the decision.

"I'm still trying to comprehend this," Bowen said.

Word ban gains national attention
The Associated Press usually does not identify accusers in sex-assault cases, but Bowen has allowed her name to be used publicly because of the issue over the judge's language restrictions.

Lancaster County Attorney Gary Lacey had said previously that he planned to seek a third trial. Lacey did not respond to a message left Friday morning.

Safi's attorney Clarence Mock did not immediately respond to a message left Friday morning.

District Judge Jeffre Cheuvront has said he restricted the trial language to protect Safi's constitutional right to a fair trial.

Bowen testified for nearly 13 hours at the first trial in November 2006 and said later that the ban had a marked effect because she had to pause and make sure her words would not violate the ban.

Cheuvront declared a second mistrial in July during jury selection, citing news coverage and public protests on behalf of Bowen.

Bowen sued the judge over the language ban; the lawsuit has been dismissed, but Bowen is appealing.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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