NASHVILLE, Tenn. - A former Vanderbilt football player has been found guilty of raping an unconscious student in a dorm.
It took less than three hours
for the jury of nine men and three women to find Cory Batey guilty of
aggravated rape, two counts of attempted aggravated rape, facilitation
of aggravated rape and three counts of aggravated sexual battery.
Batey, a 22-year-old from Nashville, is one of four
former football players charged with rape and accused of violating the
female student in a dorm room in June of 2013. He was the only one on
trial.
The verdict Friday arrived as
other colleges and universities across the country continue to face
significantly increased scrutiny of sexual misconduct on campus, both by
activists, lawmakers and the federal government.
A jury last year convicted
Batey and former player Brandon Vandenburg on multiple aggravated rape
and aggravated sexual battery charges. The verdicts were thrown out
after Davidson County Criminal Court Judge declared a mistrial after
lawyers discovered that the jury foreman had been a victim of statutory
rape.
Just like the trial last
year, the retrial featured graphic images and videos of the sexual
assault. Police said they recovered images and videos from the players'
cellphones. Testimony showed that one of the players sent video of the
assault to friends while it was happening.
"Our first thoughts are with
the victim and the incredible strength she has shown, and continues to
show, both throughout the investigation and the legal proceedings,"
Vanderbilt University Vice Chancellor for Public Affairs Beth Fortune
said in a statement. "Our heart continues to go out to her as she has
endured this retrial. This case has had a lasting impact on us all.'
The trial this week once
again raised questions about bystanders in campus sexual assaults. At
least five student athletes saw the unconscious woman in a state of
distress but did not call for help, including several who testified that
they saw her lying partially nude in a dorm hallway.
In closing arguments,
prosecutors told jurors that the woman was raped in the dorm room and
then taken out in a hallway and left out there like trash. But they also
said jurors had more than enough evidence to convict.
"I've never had a case that
was videoed and photographed by the people who committed the crime," Tom
Thurman, one of the prosecutors, told jurors.
Prosecutors said the dorm
room attack lasted 32 minutes and it was Batey who was all over the
woman once the players got her in the room.
Batey testified that he had been drinking heavily, blacked out and couldn't remember the sexual assault.
"There's nothing to show that
Mr. Batey has a memory of anything," defence attorney Courtney Teasley
told jurors in closing arguments. She called Vandenburg the "puppet
master" and said Batey was the second drunkest person in the room and
was being used as the entertainment by his teammates.
She said what happened to the
woman was bad but it wasn't rape. "We know what rape is and Mr. Batey's
not guilty of that," Teasley told jurors
She compared Batey to the
victim and said both had blacked out. However, prosecutors maintained
that, unlike the victim, Batey was walking around.
The victim in the case
testified earlier in the day, the second time in a year that she told a
courtroom full of strangers what happened to her. When a prosecutor
showed the woman a picture of herself unconscious, she broke down in
tears and said: "It's me. It's me."
She was then a 21-year-old
incoming senior. The woman, who graduated from Vanderbilt and is now in a
neuroscience Ph.D program in another state, said she has no memory of
the sexual assault. She testified that she woke up alone in a strange
dorm room, feeling sick and not knowing where she was or what happened
to her.
She said she had been dating
Vandenburg for about two weeks, and the last thing she remembered was
him plying her with alcohol at a popular bar the night before.
The woman discovered what
happened after police showed her some of the images and video recovered
from the cellphones. Nashville police got involved because Vanderbilt
officials contacted them when school surveillance footage showed players
carrying an unconscious woman in a dorm.Source--brandonsun
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