SAN ANTONIO -- A sex charge has been dropped against an Air Force Academy graduate accused of assaulting female classmates at the school, Randolph Air Force Base officials said.

The indecent assault charge against 1st Lt. Joseph Harding was dismissed at the request of one of the alleged victims, base spokesman Michael Briggs said Wednesday.

A separate rape charge is still pending against Harding, but it is in legal limbo. The count was shelved by an Air Force judge because a civilian mental health counselor for the accuser, Jessica Brakey, has refused to release records of their sessions.

Brakey's lawyer, Wendy Murphy of Boston, said the request by the other alleged victim that her case be dropped should not determine whether prosecutors proceed.

"If this was a robbery, a murder or a case of national security, and the sole eyewitness to the case says 'Please drop the charges,' do you think they would ever just obey the only witness' wishes?" Murphy said. "It's the military's responsibility to prosecute a crime because it's an offense to the military."

She noted that Brakey wants Harding to go to trial, but her case is on hold despite her wishes.

"Isn't it funny. One victim gets to dictate the result, the other gets the door slammed in her face," Murphy said.

Military prosecutors are appealing the ruling by Col. David Brash in Brakey's case to the U.S. Court of Appeals for the Armed Forces, a civilian panel in Washington.

Briggs said Harding remains on duty at Columbus Air Force Base, Miss., while his case is in progress.

Harding, a pilot trainee, was accused of raping Brakey in 2000 and assaulting the other cadet in 1999.

Brakey, who has spoken publicly on a number of occasions about the case, was among dozens of female cadets who told 7NEWS that they were ignored or punished after telling military superiors they had been sexually assaulted.

Their stories ignited a scandal in 2003 that led to several investigations and the ouster of top commanders at the academy.