No Charges Filed In Ohio University Street Sex Case Because No One Remembers What Happened
Oct. 28, 2013
Athens County’s prosecutor announced Monday that he won’t file charges against the man accused of raping a student on the street during Ohio University’s homecoming festivities.
Neither the male accused of rape nor the 20-year-old female student who accused him have any memory of the incident, the Columbus Dispatch’s Alex Felser reports. A grand jury did not find probable cause of a crime.
The alleged rape made national headlines after photos and video of the public sex act were uploaded to Twitter and Instagram.
Athens County Prosecutor Keller Blackburn said that while the public sex was “not appropriate,” the grand jury found that it was not rape, according to the Dispatch.
During the incident, the woman reportedly told the man to continue when he asked her whether he should stop. She appeared to be responsive and was smiling. The Dispatch has posted a full account of the night’s events, as told by Blackburn.
Bystanders didn’t report the incident to police, but the female student came forward the next day to file a rape complaint after she saw a video on Instagram.
The police report notes that alcohol was involved in the incident. The woman did not know the man performing the sex act on her, according to the police report, but witnesses said the two appeared to be a couple.
In an email to Business Insider, a student who witnessed the public sex act and posted a photo of it on Twitter offered his perspective on why bystanders didn’t intervene: “[It] did not seem like a rape or sexual assault, as the female was coherent enough to walk and talk. She was not passed out.”
OU’s sexual misconduct policy states that consent cannot be obtained from someone who is “asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs or some other condition.”