Durham prosecutors will not bring charges against Duke student accused of rape | News

Durham prosecutors will not bring charges against Duke student accused of rape

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CORRECTION: The fraternity involved in the allegation was Alpha Delta Phi, not Alpha Phi Delta

Durham prosecutors will not bring charges against a Duke student accused of rape at a fraternity party earlier this year, District Attorney Roger Echols announced yesterday.

In January, Durham police began an investigation into a rape accusation alleged to have occurred inside the Alpha Delta Phi fraternity house on West Chapel Hill Street. Original leads suggested that a freshman party-goer might have been drugged prior to sex. The university suspended the fraternity shortly after the accusation.

The police executed search warrants, conducted forensic examinations and consulted with experts, and prosecutors also interviewed witnesses and investigators, said Echols. 

"Based on our careful review of witness statements, investigating officers’ notes, results of tests and examinations, applicable statutes, case law and the standard of proof, I have decided not to seek an indictment charging any subject of the investigation with a criminal offense," said Echols.

"Although this is a very difficult decision to accept by the complaining witness, who has been extremely cooperative with the Durham Police Department and the Office of the District Attorney, this is the appropriate decision given the available evidence and the applicable law," he added.


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