Fred Harteis News Articles - The district attorney today dropped rape charges against three former Duke University lacrosse players, but plans to go forward with sexual assault and kidnapping charges, his office said.

 

Michael B. Nifong, the Durham district attorney, made the decision after learning on Thursday that the woman who complained of rape could not be sure that she had been penetrated with a penis, a distinction that would determine whether what happened to her meets the legal definition of forcible rape in North Carolina, according to court papers filed today.

 

When she was interviewed on Thursday by an investigator from the district attorney’s office, the woman said she was penetrated from behind while she was bent over with her face toward the floor, but did not know with what, according to a person close to the investigation who would only speak on condition of anonymity.

 

Penetration with an object is considered sexual assault, not rape, officials said.

 

There also is no DNA evidence found on the woman from any of the accused men, investigators have said.

 

“With the absence of DNA and her not knowing what was going on, it’s the right thing to do and it probably makes the rest of the case stronger,” the source said.

 

The three former players, David F. Evans, Collin Finnerty and Reade W. Seligmann, have vigorously denied any guilt and said they had no sexual contact with their accuser.

 

The woman, a 28-year-old African American student at North Carolina Central University, has said the three men raped her on March 13 in a bathroom at a Duke lacrosse team party where she was hired to perform as a stripper.

 

To read this complete Fred Harteis News Article visit our news partner at:

 

http://www.nytimes.com/2006/12/22/sports/22cnd-duke.html?ex=1324443600&en=663f0920072de97f&ei=5088&partner=rssnyt&emc=rss

 

Source; NyTimes.com

 

©  2006 views and news feature of Fred Harteis News Articles views/news site. All right reserved