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Oregon Basketball Rape Case (NWT)

That's disgusting. Report doesn't leave much wiggle room. Especially that it happened at two different locations.

Screw a slap on the wrist. This is real jail time.
 
what. the. fuck.

Just saw that no charges will be filed due to insufficient evidence.

The district attorney's office listed only Dotson as a suspect when it wrote April 14 that due to insufficient evidence it would not pursue prosecution. It also did not list any of the charges Dotson had been accused of. However, it added, "While there is no doubt the incidents occurred, the conflicting statements and actions by the victim make this case unprovable as a criminal case."
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Infuriating.

http://www.oregonlive.com/ducks/index.ssf/2014/05/damyean_dotson_suspension_foll.html
 
my god. what an absolutely awful situation for that girl. one of those times that the legal system is completely baffling to me.
 
In legal circles isn't forcible implied in the charge of rape and redundant?
 
ONW said:
In legal circles isn't forcible implied in the charge of rape and redundant?
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Unfortunately no. Rape statutes are generally a mess in the U.S. and though they have improved many of them still retain features from the common law. At common law women were required to "resist to the utmost" in order to prove rape.

In many states forcible means that the rapist must use force to overcome some sort of resistance from the victim in order for that element to be met. The act of having sex against the victims will does not meet the element of forcible.

Not sure what the law in Oregon was and couldn't bring myself to read past the first page of that report, but am generally not surprised when I hear that something that is very clearly rape is not tried as such due to lack of evidence. It's fucked up.
 
Time until some idiot says "she was asking for it" or "she got too drunk, made a mistake, and is now trying to save face"?
 
I don't see how this doesn't meet the term force in almost every definition of the word. I mean how convoluted could the meaning of the word possibly be to exclude events like this from being included?
 
WFUWaldo said:
Time until some idiot says "she was asking for it" or "she got too drunk, made a mistake, and is now trying to save face"?
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Screenshot%202013-12-05%20at%203.14.58%20PM.png
 
TheIshThatSaved WakeForest said:
All 3 got kicked off the team today so at least there's that.
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One of them, Artis I believe, announced he was transferring before he was suspended. Another of the accused was a transfer from Providence. He left Providence because of an alleged sexual assault.
 
As soon as I read the report I knew they probably wouldn't charge them - unless there is some other evidence there was no way they were getting a conviction. Her friend's version of the events (she wasn't that drunk, they didn't force her, I told her she should leave but she wouldn't...) and her behavior combined with her own story (got in the cab with them, apparently without being forced to do so, after the assault in the bathroom when her own friend spent 20 minutes trying to convince her not to - she said several times that they didn't physically force her to do anything or go anywhere) made it impossible.

Before you attack me, I am just speaking from the standpoint of getting a conviction - convincing 12 people beyond a reasonable doubt, etc. I have no doubt she was assaulted and she didn't want it to happen. She was drunk, not thinking that clearly (by her own admission) and probably didn't want to create a major scene (conjecture)... My advice to any female is that, as soon as something starts happening that you don't want to happen, and you feel you have made it clear that you don't want it to happen - go into berzerker mode - claw, scratch, scream, whatever. That is the only way to make certain there is no mistake.

What is a juror going to be thinking when they hear this story? If the first bathroom incident was unwelcome, why did she go back in the bathroom with them (she said they didn't physically force her to go). If the two bathroom incidents were unwelcome, why did she get in the cab with them when alternate transportation was available and was being urged on her by her friend? After the incident in the bedroom at the apartment - why did she sleep next to one of the attackers and then 'mess around' with him the next morning. She would presumably be sober by morning...

I have no doubt the night was a nightmare for the girl, but, this case would be definitely be a nightmare for a prosecutor.
 
scooter84 said:
As soon as I read the report I knew they probably wouldn't charge them - unless there is some other evidence there was no way they were getting a conviction. Her friend's version of the events (she wasn't that drunk, they didn't force her, I told her she should leave but she wouldn't...) and her behavior combined with her own story (got in the cab with them, apparently without being forced to do so, after the assault in the bathroom when her own friend spent 20 minutes trying to convince her not to - she said several times that they didn't physically force her to do anything or go anywhere) made it impossible.

Before you attack me, I am just speaking from the standpoint of getting a conviction - convincing 12 people beyond a reasonable doubt, etc. I have no doubt she was assaulted and she didn't want it to happen. She was drunk, not thinking that clearly (by her own admission) and probably didn't want to create a major scene (conjecture)... My advice to any female is that, as soon as something starts happening that you don't want to happen, and you feel you have made it clear that you don't want it to happen - go into berzerker mode - claw, scratch, scream, whatever. That is the only way to make certain there is no mistake.

What is a juror going to be thinking when they hear this story? If the first bathroom incident was unwelcome, why did she go back in the bathroom with them (she said they didn't physically force her to go). If the two bathroom incidents were unwelcome, why did she get in the cab with them when alternate transportation was available and was being urged on her by her friend? After the incident in the bedroom at the apartment - why did she sleep next to one of the attackers and then 'mess around' with him the next morning. She would presumably be sober by morning...

I have no doubt the night was a nightmare for the girl, but, this case would be definitely be a nightmare for a prosecutor.
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Yep. There's a whole lotta WTF in the story.
 
If she were to testify she would get eviscerated on cross examination.
 
yeah, I get the feeling the first few posts in this thread didn't read the whole thing. the girlfriends account was not damning.
 
I, personally, don't doubt what that girl says, but I agree 100% with the prosecutor's decision to not file charges.
 
I read it. He said she said very hard to prove. You gotta go to the authorities and the hospital immediately or you are really fighting an uphill battle.

If you are a prosecutor and you see a girl who tells a rape story but then tells the officer she wants them to get a 'slap on the wrist' and then tells the officer not to contact interested parties, you dont have a case.
 
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