SDSU gang-rape case: Woman demands her rape test results

A young woman who accused three former San Diego state football players of raping her at a party last year is still receiving the results of her rape investigation more than 10 months ago or the police report filed the same day, she said Attorney.

Attorney Daniel Gilleon sent a letter to San Diego County Dist on Wednesday. atty Summer Stephan, San Diego Police Chief David Nisleit, and members of the San Diego City Council demand the information and determine that his client has a legal right to it.

“Please, this is a young girl who was gang raped and she is asking you for the information that is her due,” he wrote. “Stop giving vent to her and her rights and just release the information – now.”

The San Diego Police Department did not respond to questions from the Times about the request or the department’s policy of sharing such information with crime victims. A department spokesman said the questions had been forwarded to prosecutors, who received the police investigation in early August and are considering whether to press charges. A bureau spokesman did not answer the question but said the case is still under review.

State law requires police departments to provide victims who request information about the results of sexual assault investigations — including whether DNA was found from an attacker. Departments are also required to provide reports to victims of crime unless doing so would jeopardize the safety of any person involved in the investigation or “the successful completion of the investigation or any related investigation”.

The lawsuit, filed last week, alleges that the three football players — including star punter Matt Araiza — raped the young woman at an off-campus Halloween party last October when she was a 17-year-old high school senior. The young woman filed a police report the following day and underwent a full rape investigation, the lawsuit said.

Araiza, whose powerful kicks in college earned him the nickname “Punt God,” was drafted by the Buffalo Bills months after the alleged rape. The Bills announced Saturday that he was dropped from the team two days after the lawsuit was filed.

Araiza’s attorney, Kerry Armstrong, said the lawsuit’s claims were false and witnesses at the party contradicted their claims.

Gilleon provided The Times with recordings from a police portal shared with his client showing that testing of their Sexual Assault Response Team review was completed and returned to law enforcement on October 27. The records do not contain detailed results.

A Times review of emails and text messages between the young woman and the San Diego Police Department shows that she did not immediately receive clear answers as to when and how to obtain the documentation and information she requested.

A detective told her in June that her sergeant didn’t want the young woman to see her statement in order “not to spoil her memory”.

Then, in early August, the same detective instructed the young woman to submit a file request to get the crime report. Her attorney filed a request on August 19 seeking statements the young woman and her father gave to police, recordings of 10 search warrants that police executed and audio recordings of calls made by detectives between the young woman and the police men the lawsuit said were taken in, police went to the bedroom where the alleged rape took place.

The police website directs the public to contact the department seven days after a request to confirm if a report is ready for pickup.

The detective has asked the young woman, now 18, to meet in person to go through the rape test results – an option her lawyer is suspicious of, preferring instead that the correspondence remain documented.

“I’m a little upset,” the young woman wrote in an email to Detective Tuesday, a copy of which was provided to the Times. “I had been asking for information about my case including the SART results and my testimony for months, but it was only when the media went berserk that they decided to give me the instructions. Why have you turned down my requests in the past, knowing I had those rights?”

https://www.latimes.com/california/story/2022-09-01/police-yet-to-give-rape-test-results-to-teen-allegedly-assaulted-by-sdsu-football-players SDSU gang-rape case: Woman demands her rape test results

Alley Einstein

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