Korey Shorb, a local founder of drug recovery resources, will be heading back to court.
Shorb will be retried for a third-degree sexual offense after a mistrial was declared with a split jury.
Shorb was found not-guilty on a second-degree sex offense last week.
The charges stemmed from 2010 incident involving a former male friend.
Allegations claimed Shorb inappropriately touched a man while he was asleep. Shorb testified before the jury saying the man was awake and involved in the act.
Both parties declined to comment on the pending case.