WACO, Texas (KWTX) A former Baylor fraternity president's lawyers have broken their silence on sexual assault allegations against him.
Jacob Walter Anderson, 24, was indicted in May 2016 on four counts of sexual assault in connection with an alleged rape in February 2015 in which the victim was left lying outside unconscious.
In a statement obtained by CNN, attorneys Mark G. Daniel and Tim Moore said they have "never encountered a case with more misrepresentations concerning what actually occurred," than the accusations levied against their client Jacob Walter Anderson.
Among the claims made by Daniel and Moore:
- The sexual activity between Anderson and the victim was "consensual," and that their actions were undertaken in proximity to more than 100 students.
- The victim's claims about being drugged run contrary to her blood alcohol level of .12.
- The alcohol consumed by the victim that night "was of her own volition."
- The victim did not report possibly being choked to law enforcement after the incident.
- There was no DNA evidence linking Anderson to the incident.
Anderson was sentenced Monday in state district court in Waco to three years on deferred probation, which if he completes will leave him without a criminal record, after pleading no contest to the third-degree felony charge.
He is scheduled to graduate from UTD next week, but he won't walk the stage, according to a tweet Wednesday afternoon from the school's president.
“Two years ago we admitted a student without knowing their legal history,” University of Texas at Dallas President Richard C. Benson said in a statement Wednesday.
“Based on recent court action and other information over the last several days, that student will not participate in UTD commencement activities, will not attend UT Dallas graduate school and will not be present on campus as a student or a guest,” he said.
The alleged rape occurred early in the morning on Feb. 21, 2015, during a party at a house at 2629 South 3rd St.
The victim told investigators she was sipping a drink at a Phi Delta Theta fraternity party when “she became disoriented and very confused,” a heavily redacted arrest warrant affidavit says.
The affidavit says Anderson led her outside to a secluded part of the property behind a tent in order to get some air, and then forced her to the ground.
Details of the sexual assault were redacted from the affidavit, which says the victim told investigators that at some point she was unable to breathe and lost consciousness.
She woke up outside, alone and lying face down in her own vomit, the affidavit said.
She was “able to stand up and walk out from that area and find help,” the affidavit said.
The victim returned to the house and found a friend who took her to Baylor Scott & White Hillcrest Medical Center where she was examined there by a sexual assault nurse examiner who verified the rape, police said.
Phi Delta Theta suspended its Baylor chapter and ejected Anderson after the incident.
Baylor suspended fraternity’s the chapter "until a thorough investigation into the recent charges against the fraternity for underage drinking and sexual assault is completed."
The victim filed a lawsuit in February naming the Phi Delta Theta Fraternity, the owner of the house in which the party was held and six fraternity members who served as officers at the time of the incident including Anderson.
In February, 16 defendants were added to the lawsuit filed over the alleged rape.