No charges in UA rape complaint UPDATE | Arkansas Blog

Wednesday, September 9, 2009

No charges in UA rape complaint UPDATE

Posted By on Wed, Sep 9, 2009 at 3:01 PM

Three University of Arkansas basketball players were questioned in a reported campus rape at a frat house Aug. 27.

News of the investigation broke on Fayetteville's 40/29 this morning. By the afternoon the Washington County prosecutor's office announced that no charges would be filed in the case for lack of evidence.

The players and the 18-year-old freshman woman both described sexual contact between two players and a woman in a fraternity dorm room early Aug. 27, but the players -- and a supporting witness seemd to support them -- said the acts were consensual. The woman said they were not. The prosecutor's office said it could not prove -- given the conflicting testimony-- that the woman was incapacitated and unable to give consent.

The episode raised unpleasant memories of the infamous "dorm incident" -- another case of group sex with UA basketball players in 1991 that led to a long-running controversy during the Nolan Richardson era. Though no charges were filed in this case, the UA athletic department may yet decide some sort of action is required involving the players. Athletic Director Jeff Long gave a non-commital statement earlier in the day, but amended it late in the afternoon to say that, now that the criminal process had been completed a review would be undertaken to see if any athletic department "rules or policies" had been violated. Are there any rules on grossly stupid and disgusting behavior? And don't miss a teammate's Twitter comment way down on the jump for stupidity. PS -- Arkansas Sports 360's Jim Harris has some thoughts on reaction.

Here's the only available public document on the complaint from the UA police. They referred other questions to the Washington County prosecutor

Late this afternoon, Deputy Prosecutor Dustin Roberts returned my call and said no charges will be filed.

It's a sordid account. Read on for deatils.

Deputy Prosecutor Dustin Roberts said:

A freshman had been at the fraternity and drinking at a party. About 1 a.m., she went to a bedroom with about 20 people, three of whom were UA basketball players.

She said she didn't remember a lot. She said she had been drinking and players forced her to perform oral sex.

UA police interviewed suspects, who gave voluntary statements. Accordng to Roberts, "they did not contest the fact that sexual acts had occurred." Two said they were provided oral sex and masturbation. A fraternity member confirmed ths, Roberts said.  

The fraternity member opened the door, which had been locked, and saw the woman bent over. Two basketball players were on a couch. "She was giving oral sex to one and masturbating the other," Roberts said.  "A third one was behind her dancing." (The police investigative report quotes a witness as saying the third male was "rubbing against her buttocks with his pelvis".) After seeing that, the fraternity member asked for all four to leave.

According to Roberts, the woman "gave a statement to the fraternity member to the effect that 'we didn't do anything wrong.'"

After that everyone left. Police interviewed a number of witnesses who said the woman had been drinking, but was coherent.

"Based on the testimony, the UA didn't make an arrest," Roberts said. "They didn't think they could prove rape based on the statements they had."

The file was forwarded to the prosecutor, who reviewed the evidence and also talked to the woman, who continued to say that, while her memory was hazy, the sex was not consensual.

"Based on the evidence we had, or the lack thereof, we decided not to file charges," Roberts said.

To prove rape in this case, Robert said, the prosecution would have to show the woman was intoxicated to the "point that she was incapacitated and could not give consent." Or, he added, "was passed out." He said, "We're talking someone falling down drunk, not someone coherent and there were statements that she was coherent."

Roberts declined to comment on the woman's reaction to the decision not to file charges. He commented: "When college students and alcohol are inolved, it's a bad combination for everybody."

A lawyer representing the woman, John Bass, gave this statement to KFSM:

"As you know, I represent the victim and her family in this matter, and am acting as their counsel to guide them through this difficult process. We have just learned that the Washington County Prosecutor's Office has made the decision to not file charges in this matter. At this time we are reviewing all available information and will 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. As before, the family wishes to keep this a private matter and again we appreciate your respecting that and please continue to make contact through me only, and please continue to keep the victim's and the family's name out of the press."

University of Arkansas Athletic Director Jeff Long released this statement before news that no charges would be filed: "The athletic department is aware of an ongoing investigation into an incident involving an alleged sexual offense. We are also aware that students, including student-athletes, have been questioned regarding this matter. 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."


A Razorback basketball player posted this on his Twitter account Monday, but later deleted it. It was recaptured on

"Im gettin it at workouts like a dude who doesnt understand the word no from a drunk girl lol"

Yeah. Laugh out loud. Nothing funnier than a gang bang.

Sign up for the Daily Update email

Comments (36)

Showing 1-36 of 36

Add a comment

Subscribe to this thread:
Showing 1-36 of 36

Add a comment

More by Max Brantley

  • LR charter school application withdrawn for this year

    Friendship Aspire Academy has withdrawn its request to move up plans to open a charter school in Little Rock by a year to take advantage of a vacant building being remodeled by the Walton Family Foundation for another charter operator that withdrew.
    • Jun 20, 2018
  • Another prison death under investigation

    John Howell, 58, who was serving a life sentence for capital murder in Garland County, died shortly before 7 p.m. Tuesday after being found unresponsive on the floor of his barracks at the Cummins Unit, a spokesman said.
    • Jun 20, 2018
  • With Trump, of course, there's a catch

    So the heroic Donald Trump proposes a compromise to tearing families apart - jailing them indefinitely.
    • Jun 20, 2018
  • More »

Readers also liked…

  • Former Arkansas Attorney General Dustin McDaniel applauds Trump's EPA choice of climate change denier Scott Pruitt

    Dustin McDaniel gives the thumbs up to a man set to dismantle EPA regulations.
    • Dec 8, 2016
  • Women's March planned in Arkansas to mark Trump inauguration

    Speaking of Donald Trump and in answer to a reader's question: There will be a women's march in Arkansas on Jan. 21, the day after inauguration, as well as the national march planned in Washington.
    • Dec 30, 2016
  • Trump immigration protest at LR: Quick and fierce

    It was not even 24 hours ago that Sophia Said, director of the Interfaith Center; City Director Kathy Webb and others decided to organize a protest today of Donald Trump's executive order that has left people from Muslim countries languishing in airports or unable to come to the US at all — people with visas, green cards,a  post-doc graduate student en route to Harvard, Google employees abroad, families. I got the message today before noon; others didn't find out until it was going on. But however folks found out, they turned out in huge numbers, more than thousand men, women and children, on the grounds of the state Capitol to listen to speakers from all faiths and many countries.
    • Jan 29, 2017

Most Recent Comments



© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation