County attorney drops fraternity rape case

Deputy Pima County Attorney Lewis Brandes handed down his decision to UAPD last week.

"There was insufficient evidence," Brandes said. "She was tested for various date-rape drugs but we found nothing."

The female student, who told University of Arizona police four months ago that she was raped by a fraternity member, refused comment yesterday.

UAPD received lab results from the Sexual Assault Resource Service on Nov. 16. The report stated the female student had "multiple genital injuries."

But the physical evidence gathered during the student's medical exam did not prove she was raped, he said. Brandes added that the student's recollection of the events were hazy.

"She wasn't very conclusive about remembering things," Brandes said. "Date-rape cases are the hardest to prove."

The Arizona-Sonora dorm resident told police Nov. 16 that a man she knew for about two weeks raped her after a fraternity function.

The pair consumed alcohol Nov. 14 at a friend's house, a greek formal, and the Beta fraternity house, 645 E. University Blvd., the female student told police. She did not feel intoxicated when she arrived at the fraternity member's residence, reports stated.

The female student told officers she lied down on the bed because she felt a "buzz" after drinking champagne at the house. The man offered her a T-shirt and shorts, which she accepted, reports stated.

In the police report, the woman stated she remembered kissing the fraternity member, and also said he tried to remove her shorts.

The student told police she awoke the next morning and found it painful to urinate. She then asked the Beta member if they had sex, and he said 'yes,' reports stated.

The female student and the fraternity member both confirmed to police that the woman had said she did not want to have sex, reports stated.

The Beta member told police Nov. 17 he did not "force himself" on the female student, and she never "passed out," reports stated.

The female student has attended meetings regularly at the Oasis Center for Sexual Assault and Relationship Violence since the incident occurred.

"We've had 52 sexual assault reports on campus for the 97-98 school year," said Roberta Moore, an Oasis employee advocate. "Most of those are not reported to the police."

UAPD Cmdr. Brian Seastone said four on-campus rapes were reported to university police in 1997 and four in 1998.