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Tribune News Service
Sport
Bryce Miller

Bryce Miller: Many questions remain in San Diego State rape case

SAN DIEGO — Now that a civil lawsuit names three San Diego State football players as being involved in the alleged gang rape of a minor at an off-campus party last October, questions about the time taken for a police investigation and a subsequent university inquiry have intensified.

The suit walks through wholly disturbing details about what a young woman, a 17-year-old high school student at the time, said happened that night at a College Area residence. Those involved include NFL punter Matt Araiza of the Buffalo Bills, according to the lawsuit filed Thursday in San Diego Superior Court.

Two other players — current offensive lineman Zavier Leonard (who as of Thursday is not participating in team activities, according to the school), along with former defensive lineman Nowlin "Pa'a" Ewaliko — also are named in the lawsuit. San Diego Police early this month turned over results of their investigation to the San Diego County District Attorney's Office, which will determine whether charges follow.

Some have criticized San Diego State for waiting more than seven months to launch its own investigation. The university countered it did not take more decisive action because it was complying with a request from police, so as not to hinder or undermine their work.

This much seems clear: Too much is at stake on all sides to rush to judgment or fall prey to even the smallest shortcuts because of calls for expediency at the potential expense of investigative and courtroom certainty.

The young woman's attorney says a perceived lack of urgency, though, is galling. No one outside of those who were there that night, the police and potentially the university, however, know how allegations and evidence are being sifted and sorted.

Everyone should expect clear-cut and decisive action, along with swift justice if required.

University decision making should be scrutinized in all of this, too, when allegations become facts to the satisfaction of potential prosecutors or a court. If it's learned the university dragged its feet beyond the request from police to let its investigation play out or failed to exhaustively examine and consider every detail, it will become one of the darkest stains in the history of Montezuma Mesa.

If the university has taken things slowly in the interest of justice, that's one thing. If there's any inkling it has attempted to limit the damage publicly on the eve of opening new Snapdragon Stadium while jockeying for a position in college football's realignment, that's something distressingly different.

More questions linger. Should you let a player practice while allowing the justice system to play out? Did the university portray knowing little about the case until the conclusion of the police investigation because it provided convenient cover?

The microscope under which all this will be viewed is the belief of many that headline-grabbing athletes and high-profile teams are protected, operate under different sets of rules and gain the benefit of the doubt because they're athletically gifted. There are enough examples in our lifetimes to understand why that sense of inequity exists.

Some cases do not support an alleged victim's version of events. That in no way should influence the pursuit of this one. The young woman involved must be fully heard and protected. Women who stand up to those viewed as pseudo-celebrities and public figures display courage of the highest order. The #MeToo movement showed us the avalanche of work that still needs to be done. The chilling effect for victims who are not believed in the face of facts can be profound.

Araiza's attorney, Kerry Armstrong, for his part, denied the allegations, saying his investigator spoke with people at the party who contradicted key claims. Two of those include whether the young woman was intoxicated at the time she arrived at the party and whether she mentioned she was in high school.

The lawsuit indicates police coached the young woman through a call to Araiza, who allegedly confirmed having had sex with the teen and suggested she be examined for a sexually transmitted disease.

"I 100 percent do not believe that Araiza raped this young lady," Armstrong told the San Diego Union-Tribune.

Armstrong characterized the allegations as a "shakedown" in an interview with the Los Angeles Times. Araiza is being paid $759,037 — or less than $55,000 over the league minimum. He did not play for the Bills in Friday's preseason game against the Panthers.

Tim Graham of the The Athletic tweeted a statement from Araiza, through his agent: "The facts of the incident are not what they are portrayed in the lawsuit or in the press. I look forward to quickly setting the record straight."

The young woman did not delay contacting police, reporting the incident the next day and undergoing a rape exam.

An attorney for Ewaliko noted that no criminal charges have been filed, while an attorney for Leonard has declined to comment.

The only certainty at this point: Young lives will be changed forever, no matter how this ends. That amplifies the responsibility of all involved to get to the bottom of that night, no matter how long it takes and wherever it leads.

That will feel too slow for some.

Nothing, though, is more important than getting it right.

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