No charges planned in UA rape case

By Democrat-Gazette Press Services

Posted: September 9, 2009 at 1:06 p.m.
Updated: September 9, 2009 at 4:35 p.m.

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FAYETTEVILLE — Washington County prosecutors won't file charges in connection with a rape claim reported at a University of Arkansas fraternity house Aug. 27, a prosecutor said Wednesday.

An 18-year-old UA student told investigators three Razorback basketball players forced her to perform oral sex at a party at the Phi Gamma Delta house, said Deputy Prosecutor Dustin Roberts. A fourth player was present but wasn't accused in the assault, he said.

UA police investigated for two weeks and didn't find probable cause to arrest the players, Roberts said. The agency turned over its investigation to the Washington County prosecutor's office Tuesday, he said.

"Based on evidence we have, it seems to be consensual," Roberts said.

UA police received the rape report at 5:48 p.m. Aug. 28, according to the police department.

It was "an acquaintance-type situation" that involved alcohol, university police Lt. Gary Crane said. The campus police agency declined to file charges after its own investigation.

Roberts said the woman and the three basketball players began dancing provocatively and others left them alone in an upstairs bedroom at the house that night. He said that 15 minutes later, the fraternity member who lived in the room unlocked the door and found the woman engaged in sex acts with two of the men, Roberts said.

Fraternity members ordered the woman and the players to leave the house. She remained lucid and talked with a friend on her way home, Roberts said.

Prosecutor John Threet told The Associated Press that witness interviews and statements from the woman didn't show that she was unaware a sex act occurred or that she was unable to say no - circumstances that could lead to sexual assault charges.

"There's a misconception with some people that if somebody's been drinking and someone has sex with them, there's a rape. That's not the law," Threet said. "The law makes you actually go further than that ... and based on the statements of the people that were there, and some people who had contact later, there was just insufficient evidence."

John Bass, a Springdale lawyer representing the student, said her family would "continue to explore all options until this matter is resolved."

"I cannot speculate as to what that may entail at this time, but may have a more detailed comment at a later time," Bass said in a statement.

University of Arkansas Athletic Director Jeff Long confirmed in a statement issued at noon Wednesday that student athletes had been questioned as part of the prosecutor's review into the case.

"The department and our student-athletes have cooperated fully with the investigation and will continue to do so. We will not speculate on any allegations. We will wait for the prosecutor's office to assess the case and determine how the matter should proceed. We will support our student-athletes in an appropriate manner in accordance with University and NCAA guidelines," Long said in the statement.

Bass said Wednesday morning as he left the prosecutor's office that he represented a rape victim and her family and confirmed a rape kit was done. He said he met Wednesday with prosecutors, who indicated to him that they had decided whether or not to file charges. Bass would not say what prosecutors told him they decided.

Members of the Phi Gamma Delta house in Fayetteville did not return calls for comment. A spokesman at Phi Gamma Delta's national headquarters in Lexington, Ky., did not immediately return a call for comment.

There still could be repercussions for those involved in the complaint. University spokesman Steve Voorhies said the school's code of conduct covers circumstances in which allegations don't rise to criminal charges. Such disciplinary panels can suspend or expel students.

Threet said the fact that players from the state's flagship school were allegedly involved didn't affect prosecutors.

Information for this article was contributed by Arkansa Democrat-Gazette and The Associated Press.

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