OMAHA (AP) - The 8th U.S. Circuit Court of Appeals has upheld the dismissal of a lawsuit filed by a woman against a judge who barred the words "rape" and "victim" in a sexual assault trial.

The lawsuit argued that Judge Jeffre Cheuvront of Lancaster County District Court violated Tory Bowen's rights in barring her from using those words during testimony. Bowen had said Pamir Safi sexually assaulted her; Safi has said the sex was consensual.

A mistrial was declared in his first trial. His second trial failed to advance beyond jury selection when Cheuvront declared a mistrial.

The appeals court on Thursday upheld a U.S. district judge's dismissal of the lawsuit, saying among other things that the federal court didn't have jurisdiction.