Personal Injury and Criminal Defense Legal Blog

Will the Steeler’s star quarterback be charged with sexual assault

Police have finished their investigation into allegations by a 20 year old college student that Ben Roethlisberger sexually assaulted her in the bathroom of a nightclub. Milledgeville police Chief Woodrow Blue said in a statement that his department and the Georgia Bureau of Investigation handed the investigation report and witness statements to local district attorney Fred Bright. Blue said his department would have no further comment on the case. No charges have been filed, and Roethlisberger’s criminal defense lawyer, Ed Garland, disputed the claim and hired his own team to investigate.

With every claim of alleged sexual assault, the police investigate, and then forward their investigation the prosecuting attorney’s office for review and possible filing. Often, the investigating officers will not only put in the report all of the facts they discover (both statements and physical evidence, which can include a rape kit performed on the alleged victim at a hospital), but also their recommendation as to if criminal charges should be filed and what those charges should be. Many different factors go into the Prosecuting Attorney’s decision on whether to proceed with criminal charges, primarily whether they believe they can prove the case beyond a reasonable doubt. It is likely there are several witnesses to both the alleged victim and Roethlisberger who can testify to their appearance, level of intoxication, and demeanor before and after the alleged sexual assault.

It was the second time in a year the two-time Super Bowl champion had been accused of sexual misconduct. Roethlisberger also faces a lawsuit filed in July by a woman who says he raped her in 2008 at a Lake Tahoe hotel and casino, an allegation he denies. Roethlisberger has not been criminally charged in either case and has claimed counter-damages in the lawsuit.

Plaintiff in Boy Scout sexual assault trial allege Scout Officials ignored allegations of sex abuse by Scout leaders for nearly two decades.

In Portland, Jurors in a $14 million lawsuit against the Boy Scouts of America are viewing documents that the plaintiff’s attorneys say illustrate their contention that Scout officials in various American towns dismissed or ignored allegations of sex abuse by Scout leaders for nearly two decades.

Due to the extremely sensitive nature of sexual assault allegations, it is not surprising the Boy Scout Organization would attempt to keep most, if not all, sex abuse allegations from the public and dealt with behind closed doors. There are competing interests when these allegations arise. On one hand, you have the possibility of excessive fear from the public based on false sexual assault allegations; it can only take one sexual assault allegation to ruin the reputation for the thousands of quality scout leaders. On the other hand, there is the clear right for the public and the boy scouts and their parents to be fully informed of these sexual assault allegations, allowing them to make their own decisions.

NFL Quarterback charged with sexual assault

Ben Roethlisberger, starting quarterback for the Pittsburgh Steelers has been accused of sexual assault, alleged to have occurred at a Georgia Nightclub. Roethlisberger, through his attorney, is disputing the alleged vicitim’s claim that the two-time Super Bowl winner sexually assaulted her. Police are investigating the 20-year-old college student’s claim that Roethlisberger sexually assaulted her early Friday, March 6, 2010. Roethlisberger has not been charged.

In a statement Monday, high-profile attorney Ed Garland says there was “no criminal activity” and Roethlisberger is “completely innocent of any crime.” Garland also says no sexual assault occurred. Also Monday, the police chief of the Georgia college town where the investigation is under way says detectives hope to interview Roethlisberger in the next several days.
As anything a person makes can be used against them, it is unlikely Roethlisberger will give any statements directly to the police while he is being actively investigated for sexual assault. Sexual assault and rape convictions carry with them an extremely long amount of prison time and Roethlisberger will want to proceed with extreme caution while under active investigation. Roethlisberger’ criminal attorney, Ed Garland will continue to speak on his behalf in response to the sexual assault allegations.

Sexual Assault at a College Campus – Allegations of Attempted Rape

San Diego Police are currently investigating allegations of sexual assault, occurring at San Diego State University. One victim informed police that a man entered her home in the early morning of March 1, 2010 and attempted to rape her. The victim successfully escaped the rape.

Another woman informed police she was slipped drugs unknowingly and assaulted at a party off-campus during the early morning hours. No suspect description was given at the time. it is unclear if this was a sexual assault/rape incident.

Seattle Soccer Player Accused of Rape

Seattle’s local ABC affiliate KOMO-TV, channel 4, recently reported in an account that a 27-year-old Major League Soccer player has been accused of sexually assaulting a female student from the University of Oregon. The supposed sexual assault took place on July 1, 2007 in Eugene, Oregon.

The alleged victim met the athlete at Rennie’s Landing, a bar in Eugene, while she was with her school’s soccer team. The woman left the bar around midnight, and began walking alone to her home, also in Eugene. The woman was then allegedly approached by the athlete, who supposedly asked if he could walk with her for a while. The woman agreed to his company. Reportedly, as the two walked by a cemetery, the athlete, according to the woman, “subjected her to a brutal, forcible sexual assault,” which included rape.

The woman filed a lawsuit in Multnomah County and is seeking damages amounting to $10 million for the physical and emotional pain that she suffered, in addition to decreased quality of life that she now endures. A high profile case in and of itself in that in involves a professional athlete, the case is the largest sexual assault lawsuit in the history of Major League Soccer.

Though the circumstances of this attack were not more specifically discussed, particularly whether or not alcohol played a factor, investigation will hopefully accurately reveal what happened exactly. Regardless of true circumstance, in all criminal defense cases, it is important to retain the services of an experienced criminal defense attorney that can sort through the details to determine the true nature of the supposed crime. The Seattle sex crimes defense attorneys at McNeese & Trotsky will handle every aspect of your case, and can be the difference between a conviction and your personal freedom. If you or a loved one has been accused of sexual assault, please don’t hesitate to call our skilled attorneys for a free consultation.

6 Year Old Rape Case Solved by DNA

The Snohomish County Sheriff’s Office recently arrested a 40-year-old man from Lynwood for the sexual assault in Washington of a 13-year-old girl. The rape case was 6 years old, and DNA evidence recently surfaced that linked the man to the crime. The man was arrested near his apartment without incident.

The Lynwood man had been arrested for drunk driving in 2008, and agreed to give a DNA sample at that time. The sample was put into the FBI database, and was declared a match to DNA samples found at the scene of the rape, which occurred at the victim’s house. Though the man had previously been convicted of burglary, he had never been charged with a sex crime.

According to the police report, the man broke into the home and sexually assaulted the girl while two of her friends slept soundly nearby. The man threatened the victim, raped her, and then fled the scene of the incident. Though DNA evidence has been gathered at the scene, police were unable to link the evidence to any individual who was currently in their database, and the case eventually grew stagnant until the emergence of matching evidence from the drunken driving arrest.

In cases that take a number of years to solve, a variety of factors can have a significant role in determining who the perpetrator is. Evidence may be lost or tampered with, witnesses may second guess their accounts and change the details of what they remember, and other circumstances surrounding the case might be neglected in lieu of supposed new and accurate evidence. In the event that you or a loved one has been accused of a crime that occurred years prior to arrest, please don’t hesitate to contact the criminal defense lawyers in Seattle at McNeese & Trotsky. Our skilled lawyers will examine the details of your case, and will see to it that your rights are not infringed upon in a court of law. Please call us for a free evaluation of your case, and we will work towards clearing your name once and for all.