The criminal case against two University of Utah fraternity members accused of raping a young woman at a party last month has been forwarded to the Salt Lake District Attorney's Office for review, but police say charges aren't likely any time soon.
Salt Lake Police Sgt. Kyle Jones said the case was turned over to the district attorney's office Thursday after the department received test results performed on the alleged victim.The 18-year-old woman contended she blacked out and doesn't remember what happened to her at the Sept. 4 party, other than that she awoke wearing someone else's clothes.
Two fraternity members say they had sex with the woman but that she consented.
Police had the victim tested for the presence of so-called "date-rape drugs" and to determine if her level of alcohol may have been a factor in her inability to remember what happened.
Those test results released Thursday show the presence of no drugs or alcohol, Jones said.
The victim was tested within 22 hours of the alleged sexual assaults during the Kappa Sigma Fraternity party at the University of Utah. Jones said the drugs typically stay in a person's system a minimum of 24 hours.
Both accused men have been kicked out of the fraternity, which has been been put on probation. The national Kappa Sigma organization has suspended the local fraternity's charter in light of the accusations.
Jones said word from the Salt Lake District Attorney's Office is that charges against the pair will not be filed at this time, but prosecutors are opting for additional investigation and review.
"They are going to hang onto the case," Jones said Thursday morning. "But they want to do more research and investigation. There is the possibility there will be charges in the future."
Walter Bugden, an attorney hired to represent one of the men, said the test results showing lack of drugs ought to close the case for good.
"The drugs were supposed to be the explanation as to why she (the victim) could not remember what happened to her and why she could not consent. And as it turns out, there is no drug. There needs to be a closure with this."
Bugden contends the rape accusation was the result of the alleged victim feeling embarassed over her consensual activity at the party.