California DA: Witnesses, DNA evidence not enough to prosecute rape case

Posted by Jessica Valenti at 8:19 AM on May 28, 2007.

This post, by Jessica Valenti, originally appeared on Feministing.

Nice to know that if you get gang raped and there are fucking eyewitnesses, your case won't get prosecuted.

What's the penalty for the alleged gangrape of a drunk, 17-year-old girl at a party with 10 of your buddies? Bupkus, said the Santa Clara, California District Attorney's office yesterday.

The alleged rape occurred March 3 at a wild, off-campus party hosted by a member of the DeAnza College men's baseball team in San Jose, California. Three partygoers, members of the school's women's soccer team, said they saw a young girl on a mattress on the floor, clothes around her ankles and vomit on her face, with one man on top of her and approximately 10 more looking on in a dark bedroom. Feeling "something wasn't right," the girls pushed their way into the room and rushed the victim the the hospital.

20-year old April Grolle, one of the women who intervened, said "One of the guys who was in the room said 'This is her fault. She got drunk and she did this to herself.'"

Assistant District Attorney David Tomkins said, "We looked at every shred of evidence in this case, and we used every procedural avenue available to us to examine the facts. We discussed it and decided there was insufficient evidence of any crimes being investigated."

Lovely. So no charges will be brought against the men, who were members of the De Anza College baseball team. The only punishment? Eight baseball players were suspended, and three games were cancelled. Yeah. I'm just so sick over this.

Jessica Valenti is the executive editor of Feministing.