A 1:30 p.m. Nov. 7 court date is set for a judge to determine if a woman can testify in the sexual assault case against Andrew Rifkin, a former NIU police officer.

Rifkin is accused of sexually assaulting a female student he had a relationship with in October 2011. In November 2012, the charges against Rifkin were dropped after Judge Robbin Stuckert found NIU Police had withheld evidence, but Rifkin was reindicted in February 2013.

Rifkin Attorney Bruce Brandwein said the case against his client should be dropped due to exculpatory evidence. He said texts the alleged victim gave to police, which were sent to Rifkin on the day of and after the alleged sexual assault, are “still missing.”

Rifkin and Brandwein are asking for the case to be dismissed or for NIU police officers to receive sanctions for hiding, destroying or displacing evidence, Brandwein said.

The hearing will be in the DeKalb County Courthouse, 133 W. State St.