As Investigation Wraps Up, No Charges to Be Filed Against Nebraska Football Players for Alleged Sexual Assault

On November 15, a woman alleged that she was sexually assaulted at the home of Tommy Armstrong Jr., Trey Foster, and Jordan Westerkamp, three players for the Nebraska Cornhuskers football team. According to a recent article at the Journal Star, charges will not be filed by Lancaster County Attorney Joe Kelly, who said the proof beyond a reasonable doubt that a crime took place is “simply not there.” iStock_000000341623_Large-2-300x200

The alleged victim, whose name was not released, claims that she was sexually assaulted when she attended a party at the home following the Cornhuskers win at Rutgers on November 14. She said that she was sexually assaulted at some time between 2:15 and 9:30 a.m. by the suspect, who she knew. Police Chief Jim Peschong said that he believes the victim’s allegations, however he did not feel after the investigation that police had the elements of a crime necessary to move forward and have charges filed. Peschong interviewed all six individuals who were present at the home on the evening in question, including the alleged victim.

In an interview with the Omaha World-Herald, Armstrong said that from what he had heard the sexual activity was consensual; he said he was confused by the allegation.

The investigation began, according to Officer Katie Flood, when a 20-year-old woman (the alleged victim) went to a local hospital and claimed she was forced to participate in sexual intercourse. Peschong understood that while at the hospital, a rape kit was used on the woman in order to gather evidence. He said the case could possibly be reopened if any further evidence comes forward. Authorities are also not certain if alcohol may have been a factor.

As Michigan sex crimes attorneys know all too well, it is a simple matter for someone to claim he or she was sexually assaulted, particularly in an environment where several people are present in a party environment where alcohol may have played a role. While no one can say for certain whether the young woman in this incident was sexually assaulted or agreed to have sexual intercourse, even the allegation can have a negative impact on someone’s life if he or she is wrongly accused.

While it may have been proven at the hospital by the rape kit that the woman did engage in sexual intercourse, this is not necessarily evidence that supports allegations of sexual assault. Prosecutors must have solid evidence that a crime occurred, proof beyond a reasonable doubt. The young woman may have been the victim of a crime, or she may not have been. Perhaps we’ll learn more about this case in the future.

If you have been accused of sexual assault, rape, Internet sex crimes, child molestation, or any similar offense it is imperative that you consult with an experienced and aggressive Michigan sex crimes lawyer. Your legal rights and freedom must be protected early on, and a vigorous defense developed in the event your case goes to trial.