Ducks say no change in status of 3 players accused of rape - KPTV - FOX 12

Ducks say no change in status of 3 players accused of rape

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Brandon Austin, Damyean Dotson, Dominic Artis. Photos: University of Oregon Athletic Department Brandon Austin, Damyean Dotson, Dominic Artis. Photos: University of Oregon Athletic Department

Three University of Oregon basketball players investigated by Eugene police for alleged sexual assaults are "not currently participating in any team activities," but the athletic department stopped short of confirming an ESPN report that says  they're not returning to the team.

Damyean Dotson, Dominic Artis and Brandon Austin were accused of sexually assaulting a female student on the weekend of March 8.

According to a police report, the alleged victim said the basketball players took her into a bathroom during a part and forced her into sex acts.

She told police she was intoxicated and told them, "stop, don't," repeatedly.

According to the police report, the alleged victim then got in a taxi with the basketball players and went to an apartment with them. She told police she was sexually assaulted by all three at the apartment, while a fourth person watched.

The graphic police report includes a statement from the alleged victim that states, "I think I just gave up. I let them do whatever they wanted. I just wanted it to be over and to go to sleep."

The suspects were interviewed and told police the sexual activity was consensual, according to investigation documents.

The Register-Guard reports Chief Deputy District Attorney Patty Perlow said a crime could not be proved beyond a reasonable doubt, so criminal charges will not be brought against the basketball players.

The newspaper also reports that the three students are not currently participating in any team activities.

A Lane County District Attorney's Office report sent to Fox 12 said consent is the main issue, since no one involved is debating whether or not the sex acts took place.

READ: Statement from Lane County District Attorney's Office

In a release, the DA's office reported that there is no evidence, from the alleged victim or others, that she had enough to drink to become substantially impaired. She also recalled extensive details of the evening, including the exact cab fare to the apartment.

Friends said she had the opportunity to leave the party, or at least ask for help, prior to getting in the cab with the players.

The alleged victim also admitted to sleeping with one of the suspects in his bed after the alleged assaults and that they did "fool around a little" in the morning, a police report states, including a sex act that was described as consensual.

After taking a taxi home, police reported that the alleged victim texted that same suspect to let him know she got home safe. Later that day, the district attorney's office said she had consensual sex with another friend who attempted to console her and was not part of the investigation.

Police reports state the alleged victim secretly recorded phone conversations with the suspects. The DA's office said the conversations are consistent with the suspects' version of consensual sex, "or at least their belief it was consensual sex."

The alleged victim also indicated to police that she only wanted the suspects to have their "wrists slapped," so the case wouldn't "ruin their lives."

According to the Wall Street Journal, Austin was suspended from the Providence College basketball team last November due to sexual assault allegations. He then transferred to Oregon.

University President Michael Gottfredson issued a statement about the police reports saying they are "deeply concerned" about the information and, "the university takes allegations of misconduct very seriously."

Another statement was issued by Robin Holmes, vice president for student affairs, and Rob Mullens, athletic director.

It states: "Questions have arisen regarding the timeliness of the university's involvement in the matter reported about University of Oregon basketball. Law enforcement agencies often request that the university wait to take action in order to avoid interference with an open criminal investigation. We responded accordingly in this situation. In all cases we begin investigating immediately, and aggressively address situations in accordance with the law, our internal code of conduct, and our commitment and obligation to protect and support our students."

The DA's office stated if additional evidence becomes available, the case could be reviewed and possibly prosecuted at a later date.

The original report to police was made by the alleged victim's father, days after the incidents.

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