Woman testifies against former Haskell students in rape hearing

A 20-year-old woman testified Wednesday at a preliminary hearing that two fellow Haskell Indian Nations University students raped her in their dorm room during the early morning hours of Nov. 15, 2014.

Two men, one a former Haskell football player from Anadarko, Okla., are charged in connection with the rape.

A 20-year-old man is charged with three counts of rape by force or fear and one count of sodomy. A 19-year-old man is charged with two counts of rape and one count of sodomy.

On Wednesday, the 19-year-old man waived his right to a preliminary hearing and was bound over for trial. The 20-year-old proceeded with his preliminary hearing.

The woman said that she had been friends with the men and that she had known the 19-year-old for about four years. She said that she and the 19-year-old had flirted a few years before, but were platonic friends at the time of the alleged crime.

The woman said that around midnight Nov. 15, she and a friend had gone to the men’s dorm room, where students were drinking beer and listening to music. Around 3 a.m., a dormitory resident assistant broke up the party and sent the women back to their rooms. The residence hall has a curfew of midnight, she said. After that women and men are not allowed in one another’s rooms.

The woman said the 20-year-old sent her a text asking her to return, and she waited approximately ten minutes before sneaking back with her friend to the men’s dorm room. The two men and two women then chatted for about 10 minutes before the second woman left to use the bathroom and didn’t return.

The 19-year-old then locked the door and the 20-year-old began to kiss the woman’s neck, she said. The woman said she struggled with the man, told him to stop and asked for the 19-year-old’s help, but instead the 19-year-old aided the 20-year-old in restraining her. She said she was then raped more than once.

The woman said she was eventually let go, with the 20-year-old asking if she was all right and apologizing. She said he told her he normally wouldn’t force himself on her, but that he was “really drunk.” The woman said she was sober throughout the incident.

Upon return to her room, she told two friends what had happened and took a shower. Against her wishes, one of the friends called police while the woman was cleaning up. Lawrence police took the woman to the hospital, where she was examined for signs of rape.

After hearing the alleged victim’s testimony Wednesday, Assistant District Attorney Catherine Decena attempted to charge the 20-year-old with two additional counts – attempted aggravated criminal sodomy and aiding and abetting attempted rape – but District Judge Paula Martin asked to take the matter under advisement.

Angela Keck, attorney for the 20-year-old, asked the judge to consolidate that man’s rape charges into one because each instance allegedly occurred over a 40-minute time period.

“It was a continuous course of conduct and should not be charged as separate crimes,” Keck said.

However, Decena said that the three separate charges should remain because they were separate occurrences.

“Just because it happened within a 30-minute period of time, it happened with significant enough breaks between,” Decena said.

After reviewing case law, Martin said the decision to consolidate the charges was a “close call,” and asked the attorneys to prepare and file briefs on the matter by April 24. Martin said she will make a decision on the charges at a hearing on May 13.

The men were released from the Douglas County Jail in November after posting $75,000 bonds. They have returned to their homes in Oklahoma after being expelled from Haskell last semester in light of the allegations.

The 19-year-old will make his next court appearance May 21, when he will be arraigned and enter a plea. The 20-year-old will do the same on May 28.