The office of the District Attorney of San Diego County will not file criminal charges against several San Diego State University football players accused of sexually assaulting a minor in the College Area back in October of 2021.
The DA’s office announced they had completed their review of the case in a December 2022 release.
“Ultimately, prosecutors determined it is clear the evidence does not support the filing of criminal charges and there is no path to a potential criminal conviction,” said the release. “Prosecutors can only file charges when they ethically believe they can be proven beyond a reasonable doubt.”
The alleged incident took place on Oct. 16, 2021. Since then, the DA’s office said they reviewed more than 35 witness interviews, executed 10 search warrants, and reviewed DNA results.
Dan Gilleon, the minor’s lawyer, said he was not surprised by the DA’s decision.
“It was hardly a surprise. I always brace my clients for the injustice that almost all survivors of sexual assaults face after initially summoning the courage to call the police,” wrote Gilleon in an opinion article in a San Diego publication. “Jane Doe was told she too would have to move on with her life without receiving justice in criminal court. She too learned how ineffective criminal law is for remedying the scourge of sexual assaults against women in our society.”
Many SDSU students also expressed disappointment over the ruling and believed there was enough evidence to justify criminal charges.
“I personally find the recent decision of the DA to be disappointing and would like to see the reasoning behind it,” said Sean Stouffer, an SDSU student. “Considering the heaps of evidence, I find it quite unlikely that they didn’t have the required level of evidence to charge any of the players for any crime.”
Jade Smith, another SDSU student, agreed with Stouffer.
“It’s really disappointing,” said Smith. “Especially because there was so much evidence and the evidence clearly indicated that they were guilty and that the charges deserved to be against them.”
This prompted Smith to organize several protests on SDSU’s campus, including one in collaboration with Stouffer.
Protesters who joined them expressed similar feelings of disappointment at the DA’s decision. Many women also added that it makes them feel unsafe on campus.
“It’s just not a safe environment because nothing gets done,” said Sanya Eskandari, an SDSU student. “They’re basically just enabling this behavior.”
While the San Diego Police Department investigation is now closed, SDSU President Adela de la Torre wrote to students, faculty, and staff to confirm the university’s ongoing efforts.
“I understand that this will be a difficult time for members of our collective community, but you should know that the District Attorney’s decision has no bearing on our ongoing student conduct investigation at SDSU, which continues,” wrote de la Torre.
However, students also were discontent with SDSU’s handling of the alleged assault, calling the university’s messages “vague,” “uninformative,” and “disingenuous.”
“I just wish they were honest with the students about the case and didn’t try to hide it (the alleged assault) for almost a year,” said Smith. “Then we would have seen their efforts and that they care, but because they hid it and because it was when we discovered it from an out like the LA Times article, it was like, it’s our school so why aren’t we hearing this from our higher ups?”
SDSU did not communicate with students about the alleged assault until June 3, 2022, which was the same day the LA Times released their article about the incident. A timeline of the university’s actions can be found on their website.
Both SDSU and the San Diego County DA encourage victims of sexual assault to call 911.
The university also offers support services through their Title IX office.
– Natali Gonzalez is an MA student in rhetoric and writing studies at San Diego State University. See more of her work at: thedailyaztec.com/staff/_name/natali-gonzalez/.