TOPEKA, Kan. (AP) — The highest court in Kansas has overturned a man’s 2013 kidnapping conviction in Shawnee County District Court after finding the prosecutor improperly commented about the alleged victim’s credibility to jurors.

The Kansas Supreme Court ruled Friday that the prosecutor in the case of Osi Bisa McBride improperly urged the jury to presume the alleged victim was telling the truth, comparing it to the constitutional presumption of innocence given a criminal defendant.

McBride was originally charged with rape, aggravated kidnapping and two counts of criminal sodomy stemming from a 2011 encounter with a woman with whom he had an intermittent romantic relationship.

A jury deadlocked in his first trial. He was convicted on a lesser kidnapping charge in a second trial that also acquitted him of the remaining charges.