February 23, 2024
The home close to SDSU the place the sufferer alleges the rape occurred. Picture credit score: Display screen shot, cbs8 by way of YouTube

A state appeals courtroom panel dominated Thursday in favor of a bunch of former San Diego State soccer gamers accused of raping a teen lady greater than two years in the past.

The 4 males could use as a part of their authorized protection a sequence of sexually graphic movies allegedly depicting the encounter, the panel stated, upholding a San Diego decide’s earlier ruling.

The choice issues the continuing civil swimsuit which alleges that the younger girl, then 17, was gang raped by the lads at an off-campus home get together in October 2021. The movies in query are every lower than a minute lengthy and allegedly have been shot within the bed room the place the lady says she was raped.

San Diego Superior Court docket Decide Matthew Braner dominated final 12 months that the defendants might have entry to the movies below restricted circumstances with a view to mount their protection.

The girl’s attorneys opposed the movies’ launch, arguing they shouldn’t be shared as a result of they represent baby pornography. Her attorneys appealed Braner’s order below the identical arguments, that copying and producing the movies for the defendants violates California’s legal guidelines prohibiting the publication and distribution of kid pornography.

A 3-justice panel of the Fourth District Court docket of Enchantment denied her request, writing that “it’s undisputed that the movies are related proof which will assist or undermine (Jane) Doe’s claims towards the defendants.”

Additionally they famous Braner’s order states the movies would solely be used “for a really restricted objective” and could be destroyed on the conclusion of the case.

Prosecutors declined to file felony costs towards the gamers and late final 12 months, a settlement was reached to dismiss former SDSU punter Matt Araiza from the lawsuit. As a part of the settlement, Araiza agreed to dismiss a defamation countersuit he filed towards the lady.

Araiza, who got here below intense public scrutiny after the lawsuit got here to mild, was launched by the Buffalo Payments inside days of its 2022 submitting. He has not been picked up by one other NFL staff.

The civil case stays towards 4 different ex-Aztecs, with a standing listening to scheduled for subsequent week.

– Metropolis Information Service