Rape case against Xavier Deshaun Jenkins, 35, dropped in Alice Springs

The US man is once again allowed to have his passport, with the prosecution telling the court they’re dropping the case against him. Find out why.

A rape case against an American man in Alice Springs has been dropped, with the judge allowing the man – previously labelled a “flight risk” – to have his passport back.

On Tuesday, prosecutor Brigitte Le Comte told the Alice Springs Supreme Court all of the charges against Xavier Deshaun Jenkins, 35, will be dropped.

Mr Jenkins was previously charged with a single count of aggravated assault, stupefying in order to commit an offence, and two counts of sexual intercourse without consent.

Through his defence lawyer John Elferink – the former NT Attorney-General – he always maintained his innocence and was set to vigorously fight the now dropped charges.

Xavier Deshaun Jenkins, 35, leaves the Alice Springs Supreme Court on Tuesday. Picture: Gera Kazakov

Ms Le Comte said she needed extra time as there were “certain channels” she needs to go through to file the nolle prosequi – a letter of discontinuance – but said it will be ready by “the end of the week”.

Mr Jenkins was committed to trial in the Supreme Court in August last year by Alice Springs Local Court Judge Sarah McNamara.

In his committal hearing in the Local Court, he was labelled a “significant flight risk” by prosecutor James Moore.

But with the prosecution signalling the case is being discontinued, Justice Jenny Blokland allowed Mr Jenkins to have his passport back on Tuesday.

A prerecording of evidence was due to take place on Tuesday, but Ms Le Comte requested it be vacated – as well as the trial dates.

Justice Blokland also discharged Mr Jenkins from his bail and ordered anything seized from him throughout the investigation be returned.

Mr Elferink asked for Mr Jenkins’ phone back, as he needed it for “the sensitive nature of his work”.

“It was a year ago on the 27th of May 2024 when I wrote the prosecution outlining that the case simply did not meet the requirements of the prosecution guidelines in terms of reasonable prospects,” he said.

Former NT Attorney-General and defence lawyer John Elferink (right). Picture: Gera Kazakov

“I won’t go into a dissertation on the evidence. Safe to say the evidence was never ever capable of sustaining the charges.”

Prosecution did not oppose his bail being discontinued.

Outside of court, Mr Jenkins declined to comment on the proceedings, but said he was “happy” as he left the premises.

It is understood Mr Jenkins hails from Albany, in the US state of Georgia.

Originally published as Rape case against Xavier Deshaun Jenkins, 35, dropped in Alice Springs