In that case there is video evidence of activities of the complaining witness, before and after the alleged assault, which does not support the assertion of a forcible rape, which was the charge in this instance. The more recent case had similar evidentiary problems. Indiana law has a provision in the rape statute that makes this charge available to prosecutors. This is important because the complaint was that she was 'unaware' that the sex was occurring due to her consumption of alcohol. There were also photographs that contradicted the assertion that the complaining witness was incapable of engaging in consensual activity shortly before the alleged assault. In the older case, the complaining witness had no specific recollection of the events the few witnesses could not recall important details due to the passage of time and the consumption of alcohol and the complaining witness's decision to prosecute came two years after the event which severely hindered the investigation. After the case(s) was filed, evidence continued to be developed that lead us to the conclusion that neither case, standing alone, presented sufficient evidence to prove rape. However, under the law, a jury considering one case would not be allowed to know about the other. That was an important consideration in our initial decision to charge. This case presented a very unusual set of circumstances in that we had two unrelated accusations, two years apart. In the investigation from 2013, witnesses couldn't recall some important details because so much time had passed and they'd been drinking. Prosecutors also said there were 'evidentiary' problems with both cases, according to the Indianapolis Star. The jury in either case from learning about the other allegation if the cases went to trial. Prosecutors said on Monday that the case presented a 'very unusual' set of circumstances. 'It has forced her to have to leave school. 'This obviously has been devastating for her,' said Herman. They also said witnesses couldn't recall some events because they had been drinking.ĭefense attorney Jeff Herman says one of the victims is 'frustrated' by the lack of time behind bars and announced that she is now planning to file a civil suit. In response, the Monroe County Prosecutor's office said they couldn't prove rape as there were issues with DNA evidence.

The decision was met with outrage, with many comparing it to the lenient sentenced given to the rapist Stanford swimmer Brock Turner. He was sentenced to one year probation and spent only one day in jail. Enochs, of Downers Grove, Illinois, allegedly attacked one girl in April 2015 and another in 2013.īut the 22-year old had both felony charges against him dropped after he accepted a plea deal to a lesser charge of battery. Prosecutors have explained why they gave no prison time to a former frat boy accused of raping two women.įormer Indiana University student John P. Enochs, of Downers Grove, Illinois, allegedly raped one girl in April 2015 and another in 2013, but was sentenced to a year of probation after accepting a plea deal Former Indiana University student John P.

Total frat move indiana university babe