A mistrial was declared on Wednesday in the case of Geoffrey Graves, a former San Jose police officer who allegedly raped a woman at a hotel in 2013, according to Santa Clara County District Attorney's Office spokesman Sean Webby.
The 40-year-old Graves is accused of raping an undocumented woman while on duty after responding to a domestic violence call. He was asked to take her away from her home after an argument with her husband.
Prosecutors said after Graves dropped her off at a hotel, he returned a short time later and raped her.
Graves' attorney argued the sex was consensual.
Prosecutors must now decide whether to re-try the case.