A man serving 55 years for rape and sexual assault may soon be free.
Judge Ronnie Dortch has ordered Ben Kiper's conviction to be set aside. Kiper was convicted of raping and sexually abusing his former step-daughter.
His conviction was based mostly on the testimony of this step-daughter who now says she made it all up.
Kiper has served 6 years of his original 55 year sentence.
Commonwealth attorney Tim Coleman says he has a month to decide whether to appeal the judges decision.
Right now Kiper is being returned to the Butler County jail where the judge may decide to set a bond.
Coleman says May 9th is the next motion day. He could ask for a new trial at that time or ask to dismiss the charges all together.