UA athletes won't face rape charges

Deputy prosecutor says evidence against basketball players is insufficient

— An 18-year-old University of Arkansas student's accusation of rape against three Razorback basketball players is not supported by witness statements or evidence, Washington County prosecutors said Wednesday.

The prosecuting attorney's office said Wednesday that it will not pursue criminal charges as a result of an Aug. 27 sexual encounter at a Fayetteville campus fraternity house.

Deputy Prosecutor Dustin Roberts said Wednesday that after reviewing the UA Police Department's 11-page investigative report this week, he has decided that there is insufficient evidence to support charges.

No evidence, Roberts said, shows that the men used force or that the accuser lacked the capacity to give consent.

The accuser told police she drank large quantities of alcohol served to her at a party at the UA's Phi Gamma Delta fraternity and later ended up in a fraternity member's private room with several people. The players involved, in interviews with police, acknowledged a sexual encounter. The accuser, however, told police she was forced to engage in oral sex with two men's basketball players while another member of the team pulled down her pants and raped her.

The incident happened sometime around 2 a.m. Aug. 27. She made her accusations to UAPD just before 6 p.m. Aug. 28.

She said that the players locked the door and that she was unable to defend herself because she was intoxicated during the incident. She identified one suspect by name and said she was unsure of the others.

Junior guard Marcus Britt told UA police that teammates Marshawn Powell, Glen Bryant and Nick Mason were at the party, according to the police report. One police officer described Powell in the report as a witness, not among the accused.

Britt, Bryant and Mason acknowledge sexual acts being performed with the accuser but said that the acts were consensual.

Witnesses interviewed by the police said that the accuser was dancing suggestively and kissing one of the players before she initiated oral sex and that the sexual activity appeared consensual.

The incident happened in the room of a fraternity member who was not present at the time. He told police that he returned to his room, found the accuser performing oral sex on one player and using her hand to perform a sex act on another, while a third, fully clothed, rubbed against her buttocks, which were still covered by her panties, according to the incident report.

The fraternity member told everyone to leave. Witnesses told police the woman did not appear upset at the time.

One female acquaintance told police that the accuser called her and said that she had sex with two men and did not remember it. The girl said that the accuser "did not slur her words or give her any reason to indicate that she was under the influence," according to the report.

None of the players has been disciplined by Arkansas basketball coach John Pelphrey, officials said. UA athletic director Jeff Long issued a statement about the investigation.

"We have been advised that the appropriate authorities have reviewed the information and concluded the facts of the investigation did not warrant charges being filed against any students. As stated previously, the athletic department and our student-athletes cooperated with the investigation. These were very serious allegations and we treated them as such."

Long's statement went on to state, "Now that the criminal legal process has been completed, we will review the available information to determine if any athletic department rules or policies have been violated. Following that review, we will take appropriate action."

The accuser's attorney said that his client and her family are considering their options.

News, Pages 1, 3 on 09/10/2009