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SDSU students 'disappointed' after no criminal charges filed in alleged rape case

District Attorney decided to not file criminal charges against former football players accused of gang raping minor.

SAN DIEGO — Students at San Diego State University are responding after learning criminal charges will not be filed in an alleged rape case against former SDSU football players.

SDSU students told CBS 8 they're disappointed and find it concerning that the San Diego County District Attorney isn't pressing criminal charges

"They should've been formally charged but unfortunately that was not the news we got today," said Arturo Salas-Garcia, an SDSU junior.

Instead, students received an email Wednesday from the University President Adela de la Torre making it clear to students that the former football players won't be prosecuted by the district attorney.

"It was really disheartening," said freshman Sam Koche.

Koche and Kaylee Moir are freshmen.  

"It was a little shocking at first to realize I just committed to this school with all these allegations going on," Koche said.

The off-campus sexual assault case has loomed over their entire college experience at SDSU.

"I don't like to see actions like that go unpunished and I obviously wasn't there and don't know what happened but I'm a firm believer in believing the victims first," Moir said.

Students said they want sexual assault survivors to know they have a voice.

"Don't hold it in. If you feel like you want to get it off your chest, go report it to someone and that way that person will be held accountable," Salas-Garcia said. 

Full statement from SDSU president De la Torre:

Dear students, faculty and staff,

Today, the District Attorney announced that it has completed its review of the San Diego Police Department’s investigation of the College Area sexual assault reported in October 2021 and that no charges will be filed. The District Attorney’s statement explains its thorough process and its decision. I am writing to share my thoughts as well as provide information about our ongoing efforts at SDSU.

Outcome of SDPD Investigation 

The District Attorney’s decision came following its review of SDPD’s investigation of the reported assault. While we cannot and do not speak for the District Attorney, it is important that our campus understand that this means that the District Attorney will not pursue or prosecute the case.

And it remains true that, given the severity of the allegations, it was imperative to have allowed police investigators and prosecutors to review the case without interference.

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.

SDSU’s Investigation Remains Active 

SDSU’s investigation remains active. Since SDPD confirmed in July that we could proceed with our student conduct investigation without compromising its criminal investigation, we have interviewed individuals from across our community and reviewed a range of evidence. We continue to encourage anyone with direct knowledge of the incident to report information via our online tools.

As I shared in my last message, we have already taken actions as part of this process, and we will continue to identify any additional actions we can take as an institution in the interest of individual and community safety. As is true of any investigation, certain information will not be shared due to privacy laws that restrict what information a university can legally share.

Our Work Continues

At SDSU, I appreciate being part of a community of people – staff, student leaders, faculty, parents and families – who have developed or supported programs, training sessions, events, research initiatives and policies in support of a safer environment for all. My work and our work is not done and will continue.

I also urge you: Should any member of our community need help, and at any time, please continue to seek support through our university offices.

Adela de la Torre, Ph.D.
San Diego State University President

WATCH RELATED: San Diego District Attorney will not prosecute alleged gang rape by SDSU football players in October (Dec. 2022).

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