After Lincoln police conducted an investigation, Lancaster County Attorney Joe Kelly announced he will not file criminal charges in connection with claims of sexual assault at the home of Husker football players.
A 20-year-old female victim claims she was sexually assaulted in the early morning of Nov. 15 at a home where Husker players Tommy Armstrong, Jordan Westerkamp and Trey Foster live.
"When we compare the facts as we know them with the elements that we would have to prove in front of a jury beyond a reasonable doubt,” Kelly says. “That simply is not there and ethically I cannot move forward."
During a news conference held Nov. 25, Police Chief Jim Peschong says he believed the victim’s story – which remained consistent throughout the investigation, but investigators did not have the elements of a crime.
Police completed their probe Nov. 24 after speaking with persons of interest several times and obtaining forensic evidence, according to Kelly and Peschong.
However, critics should not mis-interpret the announcement, says Marcee Metzger, an executive director of Voices of Hope which provides services to victims of assault.
"Most people think victims are making a false report when it can't move forward,” Metzger says. “When really it's just unfounded. They don't have the corroboration to go forward.”
While a rape kit was performed on the victim, a criminal defense attorney at Berry Law Firm says conducting sexual assault investigations is a delicate balance between protecting the rights of the accuser and accused.
"There has to be a lack of consent. So consent had to be revoked at some time, not given or the person would have to be incapable of giving consent,” says Justin Kalemkiarian.
Metzger explains consent laws vary by state.
"We don't have as clear of consent laws as some states have. And I think that's difficult because it's really important for people to be able to understand what consents is.”
In a released statement from the Nebraska Athletics Department officials wrote there is “no change in the status of any student-athletes” and they “will continue to follow university policies.”
