Although University of Wisconsin running back Dwayne Smith was supposed to appear in court Thursday for a preliminary hearing regarding second degree sexual assault charges, Smith’s lawyer, Charles Giesen, was granted more time to prepare for the hearing.

Giesen cites the fact his client was at a party attended by many people, or potential witnesses, who should be questioned before the hearing.

Smith’s lawyer filed another motion requesting information asking for reports of consensual sex between the woman and Smith and Anwar Jones, the other man accused. He also asked for information regarding alleged sexual conduct between the female and another man the night before the alleged rape.

Prosecuting attorney, Jac Heitz, has accused Giesen of trying to intimidate the victim with the request of her past sexual contact, according to the Capital Times.

Heitz cited the Wisconsin rape shield law, which states any evidence a woman had consensual sex before the assault cannot legally be used, unless one of three exceptions is met, according to the Capital Times.

According to Lt. Sue Williams, lead investigator of the case, the woman said she had been to a party hosted by UW football players when Jones took her back to the N. Frances St. apartment of his cousin, UW wide receiver, Trevann Hayes.

The criminal complaint filed against Smith and Jones says Smith, 19, raped the victim while Jones, 22, watched.

Smith was released on signature bond and Jones was released after posting bail. Smith was suspended from the football team due to the Student-Athlete Discipline Policy but appealed the decision. The appeals committee decided to suspend Smith from the first five practices of the Badger’s spring season.

Smith, a sophomore, is the leading rusher for the Badgers. He rushed for nine touchdowns and averaged 65.9 yards a game last season.

The preliminary hearing for Smith and Jones has been rescheduled for March 26