EUGENE, Ore. — Some groups at the University of Oregon are feeling outrage and frustration after three players on the men’s basketball team are not charged in an alleged rape.
Lane County prosecutors say while the suspects admitted to the sex, the question is whether or not it was rape.
The three players involved in the investigation are Brandon Austin, Dominic Artis and Damyean Dotson.
For Austin, this is the second rape investigation he’s involved in. All three men are not allowed to participate with the team.
In the report, the alleged victim says the three players first raped her in a bathroom at a party just after midnight on Sunday, March 9, just hours after Oregon’s game against Arizona.
The victim says she then took a cab with the players and a fourth person back to Artis’ apartment where she says she was raped again.
In police interviews in the report, Artis and Dotson both maintained the sex was consensual. Austin’s lawyer told police the same and everybody involved agreed the sex stopped when the alleged victim started crying in Artis bedroom.
The Lane County District’s Attorney’s Office says no charges will be filed because there “is insufficient evidence to prove a criminal charge beyond a reasonable doubt.”
We couldn’t reach anyone at the DA’s office for an interview. However, a Eugene criminal defense attorney says generally speaking it all goes back to whether the facts and evidence the prosecutor has will stand up in a court.
“That’s ultimately what one would have to do if they if they actually filed a charge, and so you evaluate the case and you look at admissible evidence to determine is this case we can go forward in good faith and establish, and they have to make a judgement call,” said Hugh Duvall, criminal defense attorney.
Many other attorneys we spoke with agree that there’s no set checklist of what it takes to file charges. It’s all determined on a case-by-case basis.