A man who has been in jail since last Oct. 9 on a rape charge is seeking a lower bond.
Jay Perry, attorney for Richard Hymon Jr., said the alleged victim in the case is not cooperating with the prosecution.
Prosecutor Andrew Coyle said the woman testified at the preliminary hearing.
He said when she is called, she says she will work with the state. However, he said she has not shown up for three different court settings.
Criminal Court Judge Barry Steelman said he would listen to a tape of the preliminary hearing, then rule Chattanooga woman said a party guest returned and raped her after she had fallen asleep.
Hymon, 48, of 6961 Glen Errol Way, East Ridge, was arrested two days after the alleged incident.
Police had responded on Oct. 7 to a hospital to speak with a rape victim.
The woman said she had been raped by Hymon at her home.
She said she invited family and friends, including Hymon, over for a few drinks. She said she began cleaning up the residence around midnight after Hymon and most of the guests had left.
She went up to her bedroom where her one-year-old child was sleeping. Her sister and cousin were still in the house.
The woman said she was awakened at the bottom of her stairs near the living room with her shorts and panties down below her knees and Hymon on top of her.
She said she was able to push Hymon back, look him in the eye, and ask, "What are you doing?"
She said Hymon never said anything as he got up, pulled up his pants and fled.
The woman said Hymon is a family friend and she had not been involved in any relationship with him.