Audio reveals tense, emotional meeting in DA's office over SDSU gang rape allegations
Former Buffalo Bills punter and standout SDSU football player Matt Araiza and two teammates had been accused of rape in a civil lawsuit
The three men maintain through their attorneys that they are innocent of the accusations and said encounters with the woman were consensual. Araiza’s attorneys point to a witness who said they saw Araiza leave the party well before the assaults in the bedroom she reported later. Rarely, if ever, is the public made aware of the reasoning behind such a decision. The audio provides a raw look at a difficult exchange that was, at times, tense and emotional.
Namely, a suspect can argue they had a “reasonable and actual belief” that the person they had sex with was 18. “So what I have are a variety of witnesses that are giving different accounts as to your age and what people would have known at the party,” Amador said to the woman. Her friends said the teen didn’t appear scared, distraught or obviously intoxicated, and that she was speaking about the encounters as if they were consensual.In order to file forcible rape charges, California law dictates that prosecutors must be able to prove that sex occurred under the threat of force, violence, duress, menace or fear of immediate bodily injury, Amador explained to the young woman.
She said she believed two videos were recorded as the assailants performed sexual acts on her, the warrants read, and that she had recognized the “glitch” sound made when an image is uploaded to Snapchat.From what authorities described to the woman, the video framing is tight. Gilleon said the clips don’t tell the whole story.Araiza’s attorneys are pushing the court to release the videos to them, maintaining they will bolster his defense.
Amador said forensic nurses who performed the sexual assault examination didn’t find evidence of forced penetration, but the prosecutor stressed that medical experts said that did not mean no crime occurred.The woman’s civil case is moving forward. In a civil trial, the standard of proof is far lower than in a criminal trial, where the standard is beyond a reasonable doubt. Civil cases must meet a standard known as a preponderance of evidence.
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