KU student charged with sexual battery in dorm room rape case enters diversion agreement

A 20-year-old former Kansas University student accused of raping a 19-year-old woman in a dorm room last year has entered into a diversion agreement with Douglas County prosecutors.

The man was charged with sexual battery after the woman told police she was taking a nap with the man on April 8, 2014, in a Gertrude Sellards Pearson Residence Hall room when he held her down and raped her, according to the arrest affidavit in the case. The woman reported that she repeatedly told the man “no.”

When interviewed, the man told police that he had sexual intercourse with her and he remembered the woman telling him to stop, “but he thought it was a ‘playful no,'” according to the affidavit.

“(The man) said he knew now that he had made a mistake and should not have done it,” an officer wrote in the affidavit.

As part of his diversion agreement, the Douglas County District Attorney’s Office will hold off on prosecuting the man’s case as long as he follows these conditions:

  • Pay court-related costs totaling $2,181.
  • Pay $725 in restitution.
  • Abstain from alcohol and “recreational drugs.”
  • Write the victim a letter of apology.
  • Complete 50 hours of community service work.
  • Meet with Jane McQueeny of KU’s Office of Institutional Opportunity and Access to “participate in discussions regarding appropriate sexual boundaries” and be referred to “appropriate learning tools.”
  • Notify the court of any change of address.

If the man fails to meet any of the diversion agreement’s conditions, the state can prosecute the case.

Cheryl Wright Kunard, assistant to the district attorney, said that the state’s decision to allow a diversion agreement “was made with the full support of the victim in the case.”