NORFOLK, Va. (WAVY) — The sexual assault case against a Norfolk husband and wife will now head to trial. 

Syed Stubbs and Monique Litchmore came into court for preliminary hearings with a combined eight charges, but left facing two.

“We believe we have a very strong case going forward,” said Stubbs’ attorney Andy Protogyrou.

Attorneys for the couple have said from the beginning that the sex between husband, wife and an another woman was consensual.  The alleged victim though says she was forced into sexual acts.

Neither suspect wanted to talk about the allegations as they left court.

On August 4, Litchmore met the victim on a dating app. Litchmore, Stubbs and the woman went clubbing. They went back to the couple’s home on Peronne Avenue and that’s where the victim says she was taken advantage of in her intoxicated state.

The couple’s attorney disagree.

“Her own testimony is that she kissed my client,” Litchmore’s attorney Erick Korslund added.  “Her own testimony is that she never verbalized no.  Her own testimony is that is that she never physically resisted.”

The judge dismissed most of the charges, but did believe there was enough evidence to have charges of rape and sodomy against Stubbs and Litchmore move to trial.

Attorneys believe there are credibility issues with the victim.

“She had had three drinks over a period of hours and two sips from another,” Protogyrou said.  “When you look at it, it does affect we believe her credibility as we look at it.”

“I think this is just a classic case that regret is not rape,” Korslund added.

A trial date has not yet been set.