photo by: Nick Krug

Cora Downs Residence Hall on the campus of the University of Kansas.

I now have a bit more information about the Douglas County District Attorney’s Office decision not to file charges from a woman’s report that two men raped her in October in her University of Kansas dorm room.

Two male KU students were jailed Oct. 21 after the female student reported that two acquaintances raped her in her room at Downs Hall, 1517 W. 18th St., at different times earlier that morning, a Saturday. Allegations were that the men had sex with someone who was too intoxicated to give consent, according to initial KU crime report entries. The men were released from jail the following Monday morning without being charged. 

Cheryl Wright Kunard, assistant to DA Charles Branson, provided some information, in an email response to questions from the Journal-World, about why the DA’s office decided not to file charges.

In one case, “the victim advised a witness that the sex act was consensual,” Wright Kunard said.

In the other case, the DA’s office requested follow-up investigation from law enforcement but, after receiving the follow-up, determined it would be unable to prove beyond a reasonable doubt that a crime had occurred, Wright Kunard said. “Additionally,” she said, “the victim advised investigation that she did not want to pursue charges.”

I didn’t get the DA’s office response in time to include it in my Dec. 22 story reporting the conclusions of the cases. When they responded the next business day, I was out of the office for the week. But I think the information is worth sharing, if belated.

— I’m the Journal-World’s public safety reporter. Reach me by email at sshepherd@ljworld.com or by phone at 785-832-7187. I’m also on Twitter, @saramarieshep.