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Prosecution

CA Atty Gen’l Eyes De Anza Rape Case

Posted Jun 6, 2007 4:40 PM CDT
By Martha Neil

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In the controversial rape case originally filed against three former Duke University lacrosse players last year, a North Carolina prosecutor went too far too quickly, relying on flimsy evidence at best, most observers now agree. But, in the wake of the public furor over the dismissal of the unfounded charges in that case earlier this year, a California prosecutor may have been too timid about filing rape charges against De Anza College baseball players over a March 3 incident at a party in San Jose, some believe.

At the request of the prosecutor, Santa Clara County District Attorney Dolores Carr, the office of the California attorney general is now reviewing the case, to determine whether rape charges should be pursued, reports AP.

Despite eyewitness reports from three female members of the De Anza soccer team women that they saw players from the baseball team watching as one had sex with an unconscious 17-year-old girl, Carr said there wasn't enough evidence to prosecute for rape, and her decision not to pursue the case ignited public controversy. The situation also resulted in threats against the three female players who say they rescued the unresponsive teen from the party, carried her out of the room, and took her to the hospital, reports the San Francisco Chronicle in a column by C.W. Nevius.

"She was literally lifeless," one of the players told Nevius. "Her eyes were completely shut. On the ride to the hospital, I had to keep my hand under her nose to make sure she was breathing."

This, remember, is the girl who is supposed to have "consented" to sex, he writes.

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