Breaking news...
December 22, 2006
Rape Charges Dropped Against Duke Players
By DUFF WILSON
DURHAM, N.C. Dec. 22 â The district attorney today dropped rape charges against three former Duke University lacrosse players, but plans to go forward with sexual assault and kidnapping charges, his office said today.
Michael B. Nifong, the Durham district attorney, made the decision after learning on Thursday that the woman who complained of rape could not be sure that she had been penetrated with a penis, a distinction that would determine whether what happened to her meets the legal definition of forcible rape in North Carolina.
When she was interviewed on Thursday by an investigator from the district attorneyâs office, the woman said she could not be certain she had been penetrated by a penis in her vagina and rectum, according to a person close to the investigation who would only speak on condition of anonymity.
The woman had said she was penetrated from behind while she was bent over with her face toward the floor, but did not know with what, the source said. Penetration with an object is considered sexual assault, not rape, officials said.
There also is no DNA evidence found on the woman from any of the accused men, investigators have said.
"With the absence of DNA and her not knowing what was going on, itâs the right thing to do and it probably makes the rest of the case stronger," the source said.
The three former players, David F. Evans, Collin Finnerty and Reade W. Seligmann, have vigorously denied any guilt and said they had no sexual contact with their accuser.
Maria Newman contributed reporting for this article.
http://www.nytimes.com/2006/12/22/sports/22cnd-duke.html
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Now, I always try to be as neutral as I can be, without really knowing all the relevant facts. Yet... 8 months later, the DA has just "learned" on "Thursday" [yesterday] that a penis may not have been involved, after all?! Wow. Was this entire case nothing more than a largely election-motivated (for the DA office) cause celebre?