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Prosecutors have dropped their case against a Canadian man who was charged with raping a woman in an Orlando hotel room last year.
A charge of sexual battery of a person who was physically helpless to resist was dropped against Andrew Pogson, who has performed magic shows on Disney Cruise Line, among other venues, under the stage name Freddy Fusion.
The case could not be proved beyond a reasonable doubt, a spokeswoman for the Orange-Osceola State Attorney’s Office said.
Pogson was accused of having sex with the woman while she was too drunk to consent, court records show.
He denied the charge and told police the sex was consensual.
The woman told investigators that she and Pogson, now 41, shared a hotel room at Orlando Airport Marriott Lakeside after he invited her — as friends only — to accompany him on a Disney Cruise Line vacation, documents state.
She said they slept in the same bed the first night, went to Disney’s Epcot theme park the next day — Feb. 13 — then went back to the room, where she alleged he attacked her after she fell asleep.
She had been drinking heavily during the day, according to the report.