No Charges Filed Over Allegations of Rape at SDSU Party

No charges will be filed in the case of a San Diego State University sorority member who said she was raped at a fraternity party Nov. 15, Dist. Atty. Edwin Miller announced Thursday.

The decision was made after interviews with approximately 20 fraternity and sorority members convinced prosecutors that they could not “prove beyond a reasonable doubt that a rape occurred,” Miller said in a written release read by a spokeswoman.

A source in the district attorney’s office who asked for anonymity added that prosecutors cannot show that the “requisite force” was used against the woman and “cannot show that it was against her will.”

Miller’s decision appears to conflict with the opinion of campus Police Chief John Carpenter, who has said repeatedly that he believes there was enough evidence to swear out an arrest warrant against an unnamed suspect. Carpenter could not be reached for comment Thursday night, but a university spokeswoman said the police chief was told by an assistant district attorney that he had until today to submit additional statements in support of a rape charge. Carpenter still intends to meet with the assistant, she said.

In announcing his decision, Miller said in a statement, “The stories we heard from witnesses in independent interviews were all consistent. It could be that someone took advantage of (the woman). However, as prosecutors, that is not the decision we make. We must decide if we can prove beyond a reasonable doubt that a rape occurred.”

SDSU placed Pi Kappa Alpha fraternity on “interim suspension” Nov. 19, four days after a Delta Gamma sorority member told police she was raped between 2 a.m. and 4 a.m. in a private room at the fraternity house during a party.

The woman told police she had been drinking what she believed to be non-alcoholic punch, became dizzy and asked to be taken to a room where she could sit or lie down. About 100 to 120 people were at the party, a university spokeswoman said.

The woman was examined at Grossmont Hospital in the afternoon on Nov. 15. The university has not taken final action against the fraternity or any of its members, pending the outcome of criminal and university investigations.