photo by: Chris Conde/Journal-World

The Douglas County Judicial and Law Enforcement Center, 111 E. 11th St., is pictured Sept. 15, 2018.

A former University of Kansas pharmacy student avoided a trial on rape charges Friday in Douglas County District Court by pleading to lesser charges.

Andrew Elliott Ferguson, 24, of Lawrence, was originally charged with one count of rape in December of 2019. On Friday, he entered a no-contest plea to two felony counts of attempted aggravated battery. The charge is a low level-felony with a presumptive probation sentence for someone without a significant criminal history, according to sentencing guidelines.

Ferguson’s trial was set for Monday to face an allegation, reported by the Journal-World, that he sexually assaulted a 20-year-old woman at a party.

At a preliminary hearing in December of 2020, the woman testified that she had been drinking with Ferguson and her friends at a house party they hosted on Dec. 12, 2019, and later that night after everyone had gone to bed, Ferguson raped her while she slept.

Another witness testified that he witnessed the incident and stopped Ferguson before forcing Ferguson to leave the house.

The woman said that her memory was fuzzy and she wasn’t sure which details she remembered and what she’d pieced together based on what her friend told her. She said she didn’t remember going to bed but she remembered waking up to Ferguson “on top of” her.

Ferguson’s plea was negotiated by defense attorney Sarah Swain and Senior Assistant District Attorney Seth Brackman.

Ferguson was arrested on Dec. 14, 2019, and was released on a $100,000 surety bond two days later. He is scheduled to be sentenced on Oct. 13.