LAWRENCE, Kan. _ The Douglas County District Attorney's office will not pursue sexual assault charges and has concluded its investigation following the report of an alleged rape last December in the dorm that houses the Kansas men's basketball team.
The alleged rape occurred between 10 p.m. on Dec. 17, 2016, and 5 a.m. on Dec. 18, 2016, at McCarthy Hall, according to a KU police report. The alleged victim, a 16-year-old girl, was not a KU student and was visiting residents at the dorm, police said at the time.
Cheryl Wright Kunard, assistant to Douglas County District Attorney Charles Branson, released a statement Friday in regards to the investigation.
"After an exhaustive review of all available reports, evidence and witness statements, the District Attorney's office has determined there is not sufficient evidence to prove beyond a reasonable doubt a sexual assault occurred," the statement read. "Furthermore, no suspect for an alleged sexual assault was developed through the investigation."
In June, Wright Kunard said the alleged victim was cooperating with prosecutors. At the time, Wright Kunard said the case was "under review" while the office waited on additional testing results from the Kansas Bureau of Investigation.
According to the police report, three other crimes were alleged to have occurred during the same time span: contributing to a child's misconduct, furnishing alcohol to a minor and possession of drug paraphernalia. Wright Kunard said Friday that it "remains a possibility that other misdemeanor, alcohol-related charge(s) may be filed with the Court. The District Attorney's office cannot at this time discuss what those charges could be. As of this date, it is unclear if the alleged victim is willing to testify in this matter." The statute of limitations, in this instance, is five years from the date of the offense.
Former KU player Carlton Bragg was charged in City of Lawrence Municipal Court in January with possession of drug paraphernalia. He later reached a diversion agreement with the court. KU police said in a news release at the time that there was "no indication that the drug paraphernalia is related to the sexual assault case."
Bragg, who was suspended three games for an undisclosed team rules violation after he was charged with possession of drug paraphernalia, transferred from KU after the season and chose to enroll at Arizona State.
In the December 2016 police report, five KU men's basketball players were listed as witnesses. The report also listed a KU athletic department administrator and two 19-year-old women as others interviewed. Bragg and the two 19-year-old women were listed as witnesses in a report of a runaway child made around 4 a.m. on Dec. 18 from McCarthy Hall. The child was later located and police would not say whether the runaway was the same person as the 16-year-old.
KU coach Bill Self said in January that some of his players were "listed as potential witnesses to an alleged incident in McCarthy Hall."
"From what I have learned," Self said at the time, "a witness can be many things, including a person who can potentially provide information, whether an eyewitness or not, or has been present before, during or after an alleged incident."
