Former Fresno State student files lawsuit over alleged rapes, seeking monetary damages
A former Fresno State student who alleges she was raped twice in 2020 during Super Bowl weekend is suing her alleged attackers and a campus fraternity.
The former student, who is identified as Jane Doe, had posted a video on YouTube in 2020 outlining two incidents, which were investigated by Fresno and Sanger police.
The plaintiff states in her lawsuit that on Jan. 31, 2020 she was invited to a party at the Kappa Sigma Fraternity house, just west of Bulldog Stadium.
Although she was only 17 years old, one of the fraternity members sneaked her in through the back door. At the party, she was encouraged to drink out of a specific bottle and was nearly unconscious after about 30 minutes, the lawsuit states.
One of the defendants “dragged” her upstairs, pushed her into a room, locked the door and proceeded to rape her, the lawsuit states.
“Plaintiff desperately tried to push ( the defendant) off while he was raping her and tell him to stop, but Plaintiff failed and fell unconscious,” according to the lawsuit.
She regained consciousness and left. Outside of the fraternity house, she yelled, “I’ve been raped, I want to go home.”
The next day, several students who knew what happened encouraged her not to say anything to anyone, the lawsuit states.
But she did speak out. On March 12, 2020, she requested that Fresno State hold a Title IX hearing regarding the defendant’s alleged sexual assault and battery. Five months later, university officials suspended the defendant.
The student’s second alleged assault happened on Feb. 2. One of the students who she met at the fraternity party invited her to a Super Bowl party at his home. As soon as she arrived, according to the lawsuit, she was given alcohol to drink.
At one point during the party she asked to leave, but before the defendant agreed to call her an Uber, he convinced her to drink large amounts of beer out of a beer bong funnel.
After finishing the beer, the defendant had her drink tequila to the point of nearly passing out. He then took her to his bedroom where she alleges he raped her, according to the lawsuit.
The plaintiff, who has since left Fresno State, is suing for monetary and punitive damages. She said the sexual assaults have caused her to suffer anxiety, worry, embarrassment, humiliation, mental anguish,and emotional distress.
Police investigated the allegations against the fraternity member, but ultimately no sexual assault charges were filed against him. Jerry Stanley, Fresno County assistant district attorney, said charges were declined against the defendant at the fraternity party due to insufficient evidence.
Stanley said there is no record of any assault charges being submitted or requested by law enforcement against the other defendant.
Fresno State temporarily suspended the fraternity that year. That suspension expired on Dec. 31, 2020.
The defendant’s lawyer, Matt Finkelberg with the Derek Smith Law Group in Los Angeles, said anyone who has been sexually assaulted or harassed always has two options to get justice — criminal or civil courts.
“Some despicable and disgusting things allegedly happened to her,” he said. “And she needs to be heard.”
This story was originally published February 2, 2022 at 8:16 AM.
