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Victim in Broncos' Cox case feared she was drugged

By Dan Elliott

Associated Press

Published: Friday, July 22 2011 3:45 p.m. MDT

DENVER — A court document released Friday sheds new light on why Denver Broncos cornerback Perrish Cox was arrested last fall on sexual assault charges involving a woman who told officers she was likely drugged, raped and impregnated with the football player's child.

The woman told investigators that doctors put the date of conception around the time she went to Cox's apartment with friends early on the morning of Sept. 6, according to the arrest warrant affidavit.

The woman said she has no recollection of most of that night and wasn't sure anyone had sex with her until she learned she was pregnant. She said she had not had consensual sex for several weeks before or after the date of conception reported by doctors.

The woman said she and Cox's girlfriend at the time had gone to a club on Sept. 5 where they met Cox and another person. When the club closed at 1:30 a.m., they all went to Cox's apartment. She said Cox's roommate was there when she awoke later in the day.

The woman said she believed she had been drugged because she felt unusually woozy after four drinks.

Harvey Steinberg, Cox's lawyer, declined to comment on any of the information in the arrest affidavit.

"My thoughts have always been that cases work their way through the court system and we need to do our best to ensure people who are charged get fair trials. I'm just hopeful the process works," he told The Associated Press.

Craig Silverman, an attorney for the alleged victim, issued a statement insisting that his client "suffered a sexual assault by Perrish Cox."

"For her, this is an intensely painful, personal and private matter," Silverman said. "My client's victimization will be made clear in a court of law."

The woman went to police on Oct. 28, the day she said she learned she was pregnant. She said she didn't file a complaint sooner because she wasn't sure she had been raped and didn't want to make unfounded charges.

The affidavit said the woman was shocked when the DNA results came back on Nov. 29 indicating Cox was the father.

Cox refused to voluntarily offer a DNA sample and didn't allow one to be taken until after investigators obtained a court order, the document said.

The affidavit says one other male identified as being in the apartment that night voluntarily provided a DNA sample and another refused until police obtained a court order. The affidavit said DNA tests ruled both of them out as the father.

Steinberg had fought to keep the affidavit sealed and appealed to the state Supreme Court when a judge ordered the affidavit made public. The Supreme Court on Friday refused to take the appeal and the affidavit was released.

Cox, 24, was arrested Dec. 9 and pleaded not guilty to one count of sexual assault while the victim was physically helpless and one count of sexual assault while the victim was incapable of determining the nature of the conduct.

He is free on $50,000 bail. His trial is scheduled for October.

The Broncos fined Cox in December for missing meetings and practice after his arrest. The team didn't release the amount of the fine but said it was the maximum.

Cox could face a four-game suspension from the NFL next season for violating the league's personal conduct code. Commissioner Roger Goodell doesn't need a player's conviction to punish him.

AP Pro Football Writer Arnie Stapleton contributed to this report.

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