He says it was consensual sex. The assistant district attorney -- and the girl who claims he sexually assaulted her -- say Scott Paxson is lying.

And now, the case of the former football player looks like it's moving to trial, both counsels said last week.

A district judge decided Thursday that there was enough evidence against Paxson to send him to trial on sexual assault charges stemming from an on-campus incident in late 2004. The only way Paxson's case won't go in front of a jury is if he accepts a plea bargain -- which won't happen unless the plea bargain involves dropping all the charges, Paxson's attorney Joe Amendola said.

Centre County Assistant District Attorney Lance Marshall said he is open to discussion about a plea bargain, but he said it is unlikely that Paxson will opt for it.

At Paxson's preliminary hearing Thursday, the victim told the court she didn't tell Paxson "no" but thought her body language was an indicator of her unwillingness to have sex with him. She also said Paxson's roommate and his roommate's girlfriend were in the apartment during the alleged assault, but that she never screamed out for help.

Paxson is charged with sexual assault, indecent assault and aggravated indecent assault. If convicted, he'll face three to six years in a state prison.

In a criminal complaint, the victim told police Paxson had nonconsensual sex and finger penetration with her in his Nittany Apartments residence on Dec. 15, 2004. In 2005, Paxson was first found responsible then cleared of his charges through two separate university hearings.

The victim testified for an hour and a half Thursday, Marshall said. He said it was difficult to summarize the victim's words, citing the complexity and length of her testimony.

"There were times when she cried, but she did very well I think," Marshall said.

But Amendola said the victim broke down and cried on the witness stand only after he brought up more information about the history of the incident -- which he said started on www.facebook.com.

He said Paxson was "poked" -- a function synonymous with flirting -- by the victim through the Web site. Soon after, Paxson and the victim began messaging each other on the computer and through text messages on their cell phones.

Amendola said Paxson wrote the victim text messages telling her he wanted to have sex with her on the football field and in the athletic building while she wore his jersey. Amendola said the victim denied playing along with Paxson's advances in court on Thursday.

On the night of Dec. 15, 2004, the victim went over to Paxson's Nittany Apartments residence at about 11 to watch a movie. It was the first time the two had met face to face, Amendola said.

The victim said she thought about saying "no" but never told Paxson to stop until after they had intercourse and he attempted to finger-penetrate her again. After she told him to stop, he did, and walked her out to her car and kissed her goodbye, Amendola said.

"The complaining witness ... essentially admitted that most of what happened she never indicated she didn't want to happen," Amendola said.

According to court documents, Paxson held the victim down by her shoulder when she attempted to push herself away and that he bent the victim over a couch in his apartment and continued to have intercourse with her.

When the victim tried to leave, Paxson said, "You're not going anywhere, especially if I am on top of you," and attempted to have intercourse with her again, according to court documents. Court documents indicate that Paxson continued to try to finger-penetrate and have sex with the victim after she said "no."

Once in her car, the victim began to cry. She drove back to her apartment, where her roommates urged her to go to the hospital, Amendola said.

A nurse from Mount Nittany Medical Center also testified at the preliminary hearing, saying that the victim had two small scratches on her back and tears in her vaginal area. Amendola said when asked, the nurse said the scratches and tears could have been consistent with nonconsensual or consensual sex.

With the NFL draft coming up next month, Amendola said Paxson is "beside himself." Despite controversy surrounding Paxson's delayed charges -- both university officials and the court system have taken heat for what some believe is the preferential treatment of a football player -- Amendola said Paxson would have rather dealt with the incident earlier.

"The draft is next month. He's between a rock and a hard place," Amendola said. "He would have rather had the charges a year ago."

Unless the defense accepts a plea bargain, a jury is scheduled to be selected on June 5.