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No Charges Filed in Alleged Rape

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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.

5 comments

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  1. Barbara says:

    If the bsex was not consensual, why in the world did the “victim” go with the guys in a taxi to an apartment. I think she was a willing participant! Rape is terrible, but let’s make sure that is what occurred before we blame anyone.

    1. Christine Cochran says:

      My thoughts EXACTLY Barbara!! You just get raped, . . . and leave to go hang out with them?!?! Somethings not right here.

    2. David says:

      Hey! Great job second guessing a rape victim. Must be nice to be able to make a judgement based on…well nothing really. But hey, gotta stand by your rapist ducks right?

      1. Brittany Jones says:

        she also had sex with him the next morning, I read the police report that was filed she willingly went with them twice into the bathroom and got dragged to the cab but was in her right mind to google maps her new location, she asked Artis for a change of clothes, and then followed them to the bedroom, yes she cried but she chose to stay, she chose to have sex again the next morning. I am sorry but it sounds like a set up.

  2. RB says:

    It would be interesting to see what the cab driver thought – he may have an interesting testimony about what he saw.

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