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.