Although the prosecutor says he has no doubt that three Oregon Duck basketball players sexually assaulted a girl that has accused them of rape, he does not plan to charge them with a crime because of a “lack of evidence.”
The woman in question says she met Oregon Duck players Brandon Austin, Damyean Dotson, and Dominic Artis at a party in March. She told police that the three of them led her into the bathroom and sexually assaulted her despite her repeatedly telling them to stop.
Artis and Dotson told police the sex was consensual. Austin has actually been investigated for a similar sexual assault in Rhode Island but escaped prosecution in that case too. He was suspended from school and moved out to Oregon.
Since the incident, all three have been suspended from “participating in basketball activities” but the district attorney has dropped the investigation though he says “there is no doubt the incidents occurred.”
District Attorney Alex Gardner has issued a statement saying “the no-file decision is based entirely upon analysis of the available evidence and it’s insufficiency to prove the allegations beyond a reasonable doubt.”
He notes that “there are multiple sources of information in this case. Since consent is the issue, not whether the sex acts took place, DNA is of little value.”
He adds “a no-file decision is not a statement about who we believe or don’t believe. It is simply an analysis of the available evidence and its sufficiency to meet the State’s burden of proof. From time to time, additional evidence becomes available after an initial no-file. When that happens, the evidence is reviewed and, if sufficient, a case may be revived and prosecuted.”