SDSU Hasn’t Closed Books on Rape Case

San Diego State University officials vowed Friday to continue their investigation into an 18-year-old sorority member’s claim that she was raped at a fraternity party, despite District Atty. Edwin L. Miller’s decision not to file criminal charges.

John Carpenter, campus director of public safety, said campus police will reinterrogate some witnesses and attempt to question others during the next week in search of any information that might persuade prosecutors to press charges for sexual offenses against three suspects in the case. Only one of the men is suspected of rape, he said.

University President Thomas B. Day urged Miller to reverse his decision. “We’re continuing to work with the district attorney, and we’re urging him to reconsider his position,” Day said in a statement.

Carpenter met with Deputy Dist. Atty. William Collins Friday morning and said later that Collins was “still receptive to any additional information that we can present him in the case.”

But Linda Miller, a spokeswoman for the district attorney, said that barring a “dramatic” change, such as a confession, “the decision is made and it stands.”

“We’re kind of closing up shop on this case today,” she said.

Dist. Atty. Miller said Thursday that no charges would be filed in the case because prosecutors could not “prove beyond a reasonable doubt that a rape occurred.” A source in the district attorney’s office, who requested anonymity, said that prosecutors cannot show that “requisite force” was used against the woman and “cannot show that it was against her will.”

The woman told police she was raped in a private room at the Pi Kappa Alpha fraternity between 2 a.m. and 4 a.m. on Nov. 15. The woman said she became dizzy after drinking what she believed to be non-alcoholic punch and asked to be taken to a room where she could sit or lie down. There were 100 to 120 people at the party.

Meanwhile, the university’s investigation of the incident has “yielded enough information to broaden possible misconduct charges to include illegal use of alcohol, hazing, potential physical abuse and lewd and indecent behavior,” according to San Diego State spokeswoman Sue Raney.

The school’s charges focus primarily on fraternity members, but the alcohol charge could involve some sorority members as well, she said. The fraternity remains on interim suspension pending the outcome of the investigation, which should be completed by Dec. 16, Raney said.

Fraternity members face university penalties including probation and expulsion if found guilty. Pi Kappa Alpha could lose its campus status, be fined or be placed on probation, among other penalties.