Mistrial declared in rape case against former San Jose cop

SAN JOSE, Calif. (KGO) -- A jury in San Jose has failed to reach a verdict in the trial of a former San Jose police officer accused of raping a woman he drove to a hotel while he was on duty.

The San Jose Mercury News reports the jury deliberated two days before deadlocking 9-3 Wednesday in favor of acquitting Geoffrey Graves.

Prosecutors charged Graves with raping a woman in September 2012 after responding to a family disturbance call at her home.

Prosecutors say Graves drove the woman to a hotel where she wanted to stay for the night after a drunken fight with her husband and that he later returned to her room and assaulted her.

Graves testified during his trial that it was consensual and that he initially lied about having sex with the woman because he was afraid of being fired."