Police Report: The victims account of the rape
------- stated during the day on Saturday, her uncle was in town, and her uncle got both she and DIXON tickets for the game. She stated her uncle and her dad's business partner were tailgating, and she, DIXON, and MEG (BELLINO) went to the tailgate. She stated they went to the game and she came back and slept to 6:00 p.m. She stated she showered and CARLSON came over. She stated they went to the Glee concert, had dinner at a Japanese restaurant, consisting of soup and salad, and it was she, HENRY, BELLINO, and DIXON who went to the concert.
She stated after the concert, CARLSON left to work on a paper. She stated they had a car they had to return, and a girl by the name of KRISTIAN BARRON, who lives with LINDSAY HAGEN, had to return the car she had borrowed. She stated they drove the car to Hoover Street, DIXON wanted to go out again, so she asked CARLSON to make sure DIXON got back to West Quad and that she would come to see him later.
------- stated they later went to a house party on Brookwood, and she was with BELLINO, HAGEN, and DIXON. She stated KRISTIAN BARRON also went to the party, and all of them stayed for only 10 minutes, but BARRON remained because she knew people at the party. She stated that HAGEN then proposed that they go to the PSI CHI for the party. She stated the track team was supposed to be at the party. She stated they walked to the fraternity house, and she told CARLSON they were going to that location. She stated she talked to him from Brookwood to the door of the fraternity house.
------- stated it was not a big party, she did not know fraternity brothers, and 80% of the guests were freshman and athletes. She stated she put her coat behind the speakers, and saw GIBBONS with his friend TAYLOR (LEWAN), a teammate from the football team. She stated she gave LEWAN a hug, but not GIBBONS.
------- stated throughout the night, they would talk quickly. She stated GIBBONS later danced with her, and she would tell him to go be with SHANNON. She stated they may be doing something together, and she has heard rumors. She stated SHANNON was at the party. She stated she also sees SHANNON at the Athletic Center, and SHANNON knows CARLSON.
------- stated she did not see GIBBONS, and later she was sitting on a couch with CRAIG ROE. She stated at this point, she had a lot to drink. She described it as an excessive amount. She stated she was sitting with ROE, describing him as a good friend and a sincere person. He asked if she wanted to go to church at 11:00 a.m. the next morning, and she told him yes.
She stated ROE then left, she had texted GIBBONS, and asked where he was. He replied the same place. She asked where again, and he said CHI PSI. She stated he texted to her, "I want to hang out," and she responded by saying, "You don't treat me right." She stated she then asked if he was with SHANNON, and he said, "No, I want to hang out with you," or something similar. She then recalled the first text she had sent was, "I hope you have a good night, Love." I asked what she meant, and she meant love as in the British slang for a person. She stated she does not know what he immediately sent back, but it was before all of the other texts.
------- stated she was on the couch with HAGEN sitting next to her, and guys from the track team were sitting with HAGEN. She stated GIBBONS came over after ROE had left, and she was perhaps texting him while she was still with ROE, since GIBBONS came over soon after ROWE left. She stated she does remember what they were talking about. ------- stated she remembered saying she had to go to the bathroom, or just getting up to use it. She stated she recalled having to go. She stated that it was her reason for going upstairs.
------- stated she remembers GIBBONS leading her, he had a tight grip on her hand, and she felt he was her friend and she was trusting of him. She stated they went to the second or third floor, they went left, and then made another left into the bathroom. She stated it (the bathroom) was disgusting, and she remembered going into the stall as GIBBONS followed her.
(ASSAULT INCIDENT)
She stated she wore a dress and when she wears her dress, she will wear Spandex beneath the dress. She stated she thinks he was touching her. She stated he would pull her Spandex down and she would pull them up. She stated they went up and down three times and she remembered saying "no" at least once, and possibly multiple times. She stated he was pulling them down and she was pulling them up.
(I took a short break from 11:40 to 11:45 a.m. to move my vehicle at that time at the request of security.)
------- stated there was no kissing occurring, and there was no foreplay. She stated she remembers GIBBONS having a scratchy beard from the night before, and she would have remembered kissing him. She stated he grabbed her wrist and hand tightly, and then stated they went out of the bathroom. She stated the bathroom is on the left, and they went directly across the hall and there is a bed directly in front of the door. She stated she was not thrown and not placed on the bed, but it was "kind of forceful." She stated her boots never came off, he pushed her dress up and her Spandex down. She stated she was saying "no."
------- stated GIBBONS was fully clothed, and remembers his pants being unbuttoned. She stated he "kind of grabbed" her arm, and believes he grabbed just the one arm. She stated he was on top of her, she remembers him pulling his pants down, and he did not have protection. She stated she does not think she was trying to move, and felt like she could not move. She remembers saying "no" at least once, and thinks she said it as her Spandex was being pulled down. She stated she does not remember at all, referring to intercourse, but remembers him being "in that position" and remembers pain afterwards. She stated she remembers him putting his penis in her mouth, does not know for how long, but she must have been somewhat positioned on the side of the bed. She explained she remembers him being on top, felt the pressure of his weight on her, and believes her legs were not completely on the bed.
I asked ------- how he was able to place his penis in her mouth, and she stated she remembers it being in her mouth and him holding her arm. She stated she remembers him holding her arm the whole time, and for that reason, believes she was positioned somewhat off the bed.
------- stated she then remembers the body pressure being relieved, GIBBONS standing at the side of the bed, and pulling his pants up. She stated she pulled up her Spandex, she got off the bed, and left. She stated nothing was said, she
went down the flight of stairs, describing it as walking quickly. She stated she has stress reactions in her legs, which she described as being an injury that occurs prior to a fracture, and that she is not allowed to run. ------- stated it was due to her injury as the reason for her drinking. She stated she does not drink during the season, and may hold a cup for social reasons.have a drink to hold while at a function. She stated because she was injured and not running, and that her friend wanted to go out, she was able to drink. She described the summertime as when she barely drank.
------- stated she immediately left, there were about six people left at the fraternity house, and she remembers the door being at the bottom of the stairs. She left and went to West Quad. ------- stated whenever she wears a dress, she will put her camera and phone in her boots. She stated she called HAGEN, she met her at the gate by West Quad, and she was in tears. She stated that once she saw HAGEN at the gate by the Madison side, she was screaming, remembers collapsing, and crying. She was then telling HAGEN what happened. She stated HAGEN was able to hold her weight and walked her back to Whitley House, where HAGEN was spending the night. She stated it is where MEG (BELLINO) lives, and COLE DIXON was spending the night. She stated they got inside West Quad, she remembers being at the base level, and then BELLINO called her friend JOE (REYNOLDS), and the R.A., YOULONG. She stated she told LINDSAY HAGEN what happened, and they were freaking out about it.
------- stated she remembered having to go to the bathroom badly, and BELLINO escorted her outside where she took her Spandex off and gave them to BELLINO. She stated BELLINO may have put them somewhere in Whitley Hall, she remembers getting sick, and perhaps YOULONG disposed of them. She also remembered looking at her dress and seeing semen all over it. She stated she does not know why it had semen on it.
------- stated REYNOLDS went to get the Department of Public Safety. She remembered telling him "no" because she did not know what to do. She stated he told her GIBBONS is a bad person. She stated the Department of Public Safety took her to the office. She stated she then insisted CARLSON be with her, telling them he is her boyfriend because she did not want to explain how he was still her best friend and he was an ex-boyfriend. She stated CARLSON came, she guessed she heard GIBBONS was in the hallway, and she waited until they took him away so she could leave. She stated she remembered "freaking out" and she did not want to see him. She stated they were then taken to the hospital.
------- stated they examined her, and there was a woman named TRACEY WRIGHT from SAPAC there the entire time. She stated she remembered telling her multiple times she did not want to do anything and she just wanted it to disappear. She stated she felt humiliated. She stated she was torn because he was her friend, and did not want to press charges on someone she knew. She stated she did not know what she was thinking at the time and did not want anything to "get out about it."
------- then stated she forgot to tell me that Saturday after the game, GIBBONS texted her. She then stated he also texted Friday and asked where she went, and she responded back, "No." She stated he was referring to after the time they kissed. She stated on Saturday he asked if he could speak with her, she stated was in Whitley House, and then she went to ADAM'S house to his room. She stated she stopped in the room, said they were still friends, but the kiss meant nothing. She stated he said the only way to reverse a kiss is to kiss again, and she stated "no." He said, "No one comes in his room to tell him they regret something, and no on regrets me." She stated she said, "I do," and she remembers for a "split second" he was really angry. She stated no kiss occurred in the room. She stated he had touched her in the sense of starting to give her a hug and she had backed off and sat on the bed when she was in the room. She stated he had started to pull her toward him and she had pulled away. She stated it was not aggressive.
I asked ------- if she remembered how much she had to drink that night, and she stated she had at least four beers. She stated she also remembered a guy standing and holding a Burnette's bottle at the fraternity house and offered some to her. She remembered "chugging it" and seeing the liquid bounce in the bottle. She stated it was pink in color and it was some type of liquor. She stated she was never able to "chug it," referring to drinking, and remembers she was able to at this time. She stated she had consumed the liquor sometime after she first gave TAYLOR (LEWAN) the hug when she did not hug GIBBONS, and after she had told GIBBONS to go be with SHANNON. ------- had earlier made reference to GIBBONS being bigger and heavier than her. I asked how much she weighed, and she stated 106 lbs. She stated it might be less now, and that was at the time she was competing.
I asked ------- if there was ever any kissing that occurred upstairs. She stated she did not remember ever kissing him. She again explained that on Friday it was unpleasant because of how scratchy his beard was. She stated there was no kissing on Saturday. She stated it was "no shave November," which she described as a practice at the University where many students do not shave in November.
I asked ------- about the oral sex, and whether it was possible GIBBONS had asked her to give him oral sex. She stated there was no asking and no words spoken while they were together. She stated she remembers him putting his penis in her mouth, and when I asked if it could have happened more than one time, she responded, "Once." She stated she remembers she went up to get her breath, and not to perform. She remembered she could not breath, it was very quick, and the whole thing was very fast. She stated she could not give the number of seconds it lasted, remembers the
whole thing seemed to only take three minutes, stating she knows they were in the room for longer than three minutes.
I asked if she thought she could have performed oral sex only for a few seconds, she stated she did not think so, and it was only to get her breath. She stated she thought it was only for a couple of seconds and then she got up for her breath. I asked why she did not prevent his penis from entering her mouth, and she stated she remembers lying limp and being intoxicated, and he was holding onto her tightly. She stated she did not know. She stated she remembers the entire time she was frightened. She then stated, "I trusted him." I asked ------- if there was ever an occasion where he made a threat to her, and she stated there were never any threats.
I asked ------- what she would like to see happen. She stated she would never want to see him again, and have no one know about what happened. She stated they are in the same circle of friends. She stated she did not know for certain whether she wanted to pursue charges, and asked whether he would be present if she testified. I explained that the case could be reviewed by the Prosecutor, and if charges were authorized, she would have to be prepared to possible testify.
I asked ------- if it was possible that she made some reference to GIBBONS wanting to be with SHANNON during their contact. She stated she remembers telling him multiple times throughout the night to go be with SHANNON. She could not say for certain and did not want to say no as to whether it was possible she refered to SHANNON while they were in the room. She stated she knows she did not say she knows he would rather be with SHANNON.
I asked her if she ever said something to the effect of "We should not have done this" or "This should not have happened." She stated the entire time she felt violated, and would not have said that to him in the sense of "like we shouldn't have done this." She stated, "I don't recall saying that."
I asked ------- if she had any trouble getting back to her dorm in the sense of walking or being disoriented. She stated she did not and the dorm was "literally a thousand feet" from the fraternity house. She stated her friend LINDSAY HAGEN had found her.
I asked ------- again if she specifically remembers intercourse, and stated she remembers his penis coming out, GIBBONS going in her direction, and GIBBONS gripping her hard. She stated he is 220 lbs_ of football player. She stated she remembered being sore in her vaginal area afterwards, and there were cuts when she was examined. She stated she has had some pelvic pain afterwards.
I asked ------- about possibly grabbing GIBBONS' arm while sitting on the couch, and GIBBONS asking her to go upstairs. ------- stated she remembered there was a space between them, and she does not remember grabbing his arm. She stated she clearly voiced to him the previous day that the kiss meant nothing. She stated she did not think it was dangerous situation going upstairs with a person she had known for five months.
------- indicated to me that she still was not certain about prosecution and asked questions about what to expect if charges were authorized. I explained the process to ------- at that time. I informed ------- that holiday break was only a day away, and we would speak further the following week.
------- stated during the day on Saturday, her uncle was in town, and her uncle got both she and DIXON tickets for the game. She stated her uncle and her dad's business partner were tailgating, and she, DIXON, and MEG (BELLINO) went to the tailgate. She stated they went to the game and she came back and slept to 6:00 p.m. She stated she showered and CARLSON came over. She stated they went to the Glee concert, had dinner at a Japanese restaurant, consisting of soup and salad, and it was she, HENRY, BELLINO, and DIXON who went to the concert.
She stated after the concert, CARLSON left to work on a paper. She stated they had a car they had to return, and a girl by the name of KRISTIAN BARRON, who lives with LINDSAY HAGEN, had to return the car she had borrowed. She stated they drove the car to Hoover Street, DIXON wanted to go out again, so she asked CARLSON to make sure DIXON got back to West Quad and that she would come to see him later.
------- stated they later went to a house party on Brookwood, and she was with BELLINO, HAGEN, and DIXON. She stated KRISTIAN BARRON also went to the party, and all of them stayed for only 10 minutes, but BARRON remained because she knew people at the party. She stated that HAGEN then proposed that they go to the PSI CHI for the party. She stated the track team was supposed to be at the party. She stated they walked to the fraternity house, and she told CARLSON they were going to that location. She stated she talked to him from Brookwood to the door of the fraternity house.
------- stated it was not a big party, she did not know fraternity brothers, and 80% of the guests were freshman and athletes. She stated she put her coat behind the speakers, and saw GIBBONS with his friend TAYLOR (LEWAN), a teammate from the football team. She stated she gave LEWAN a hug, but not GIBBONS.
------- stated throughout the night, they would talk quickly. She stated GIBBONS later danced with her, and she would tell him to go be with SHANNON. She stated they may be doing something together, and she has heard rumors. She stated SHANNON was at the party. She stated she also sees SHANNON at the Athletic Center, and SHANNON knows CARLSON.
------- stated she did not see GIBBONS, and later she was sitting on a couch with CRAIG ROE. She stated at this point, she had a lot to drink. She described it as an excessive amount. She stated she was sitting with ROE, describing him as a good friend and a sincere person. He asked if she wanted to go to church at 11:00 a.m. the next morning, and she told him yes.
She stated ROE then left, she had texted GIBBONS, and asked where he was. He replied the same place. She asked where again, and he said CHI PSI. She stated he texted to her, "I want to hang out," and she responded by saying, "You don't treat me right." She stated she then asked if he was with SHANNON, and he said, "No, I want to hang out with you," or something similar. She then recalled the first text she had sent was, "I hope you have a good night, Love." I asked what she meant, and she meant love as in the British slang for a person. She stated she does not know what he immediately sent back, but it was before all of the other texts.
------- stated she was on the couch with HAGEN sitting next to her, and guys from the track team were sitting with HAGEN. She stated GIBBONS came over after ROE had left, and she was perhaps texting him while she was still with ROE, since GIBBONS came over soon after ROWE left. She stated she does remember what they were talking about. ------- stated she remembered saying she had to go to the bathroom, or just getting up to use it. She stated she recalled having to go. She stated that it was her reason for going upstairs.
------- stated she remembers GIBBONS leading her, he had a tight grip on her hand, and she felt he was her friend and she was trusting of him. She stated they went to the second or third floor, they went left, and then made another left into the bathroom. She stated it (the bathroom) was disgusting, and she remembered going into the stall as GIBBONS followed her.
(ASSAULT INCIDENT)
She stated she wore a dress and when she wears her dress, she will wear Spandex beneath the dress. She stated she thinks he was touching her. She stated he would pull her Spandex down and she would pull them up. She stated they went up and down three times and she remembered saying "no" at least once, and possibly multiple times. She stated he was pulling them down and she was pulling them up.
(I took a short break from 11:40 to 11:45 a.m. to move my vehicle at that time at the request of security.)
------- stated there was no kissing occurring, and there was no foreplay. She stated she remembers GIBBONS having a scratchy beard from the night before, and she would have remembered kissing him. She stated he grabbed her wrist and hand tightly, and then stated they went out of the bathroom. She stated the bathroom is on the left, and they went directly across the hall and there is a bed directly in front of the door. She stated she was not thrown and not placed on the bed, but it was "kind of forceful." She stated her boots never came off, he pushed her dress up and her Spandex down. She stated she was saying "no."
------- stated GIBBONS was fully clothed, and remembers his pants being unbuttoned. She stated he "kind of grabbed" her arm, and believes he grabbed just the one arm. She stated he was on top of her, she remembers him pulling his pants down, and he did not have protection. She stated she does not think she was trying to move, and felt like she could not move. She remembers saying "no" at least once, and thinks she said it as her Spandex was being pulled down. She stated she does not remember at all, referring to intercourse, but remembers him being "in that position" and remembers pain afterwards. She stated she remembers him putting his penis in her mouth, does not know for how long, but she must have been somewhat positioned on the side of the bed. She explained she remembers him being on top, felt the pressure of his weight on her, and believes her legs were not completely on the bed.
I asked ------- how he was able to place his penis in her mouth, and she stated she remembers it being in her mouth and him holding her arm. She stated she remembers him holding her arm the whole time, and for that reason, believes she was positioned somewhat off the bed.
------- stated she then remembers the body pressure being relieved, GIBBONS standing at the side of the bed, and pulling his pants up. She stated she pulled up her Spandex, she got off the bed, and left. She stated nothing was said, she
went down the flight of stairs, describing it as walking quickly. She stated she has stress reactions in her legs, which she described as being an injury that occurs prior to a fracture, and that she is not allowed to run. ------- stated it was due to her injury as the reason for her drinking. She stated she does not drink during the season, and may hold a cup for social reasons.have a drink to hold while at a function. She stated because she was injured and not running, and that her friend wanted to go out, she was able to drink. She described the summertime as when she barely drank.
------- stated she immediately left, there were about six people left at the fraternity house, and she remembers the door being at the bottom of the stairs. She left and went to West Quad. ------- stated whenever she wears a dress, she will put her camera and phone in her boots. She stated she called HAGEN, she met her at the gate by West Quad, and she was in tears. She stated that once she saw HAGEN at the gate by the Madison side, she was screaming, remembers collapsing, and crying. She was then telling HAGEN what happened. She stated HAGEN was able to hold her weight and walked her back to Whitley House, where HAGEN was spending the night. She stated it is where MEG (BELLINO) lives, and COLE DIXON was spending the night. She stated they got inside West Quad, she remembers being at the base level, and then BELLINO called her friend JOE (REYNOLDS), and the R.A., YOULONG. She stated she told LINDSAY HAGEN what happened, and they were freaking out about it.
------- stated she remembered having to go to the bathroom badly, and BELLINO escorted her outside where she took her Spandex off and gave them to BELLINO. She stated BELLINO may have put them somewhere in Whitley Hall, she remembers getting sick, and perhaps YOULONG disposed of them. She also remembered looking at her dress and seeing semen all over it. She stated she does not know why it had semen on it.
------- stated REYNOLDS went to get the Department of Public Safety. She remembered telling him "no" because she did not know what to do. She stated he told her GIBBONS is a bad person. She stated the Department of Public Safety took her to the office. She stated she then insisted CARLSON be with her, telling them he is her boyfriend because she did not want to explain how he was still her best friend and he was an ex-boyfriend. She stated CARLSON came, she guessed she heard GIBBONS was in the hallway, and she waited until they took him away so she could leave. She stated she remembered "freaking out" and she did not want to see him. She stated they were then taken to the hospital.
------- stated they examined her, and there was a woman named TRACEY WRIGHT from SAPAC there the entire time. She stated she remembered telling her multiple times she did not want to do anything and she just wanted it to disappear. She stated she felt humiliated. She stated she was torn because he was her friend, and did not want to press charges on someone she knew. She stated she did not know what she was thinking at the time and did not want anything to "get out about it."
------- then stated she forgot to tell me that Saturday after the game, GIBBONS texted her. She then stated he also texted Friday and asked where she went, and she responded back, "No." She stated he was referring to after the time they kissed. She stated on Saturday he asked if he could speak with her, she stated was in Whitley House, and then she went to ADAM'S house to his room. She stated she stopped in the room, said they were still friends, but the kiss meant nothing. She stated he said the only way to reverse a kiss is to kiss again, and she stated "no." He said, "No one comes in his room to tell him they regret something, and no on regrets me." She stated she said, "I do," and she remembers for a "split second" he was really angry. She stated no kiss occurred in the room. She stated he had touched her in the sense of starting to give her a hug and she had backed off and sat on the bed when she was in the room. She stated he had started to pull her toward him and she had pulled away. She stated it was not aggressive.
I asked ------- if she remembered how much she had to drink that night, and she stated she had at least four beers. She stated she also remembered a guy standing and holding a Burnette's bottle at the fraternity house and offered some to her. She remembered "chugging it" and seeing the liquid bounce in the bottle. She stated it was pink in color and it was some type of liquor. She stated she was never able to "chug it," referring to drinking, and remembers she was able to at this time. She stated she had consumed the liquor sometime after she first gave TAYLOR (LEWAN) the hug when she did not hug GIBBONS, and after she had told GIBBONS to go be with SHANNON. ------- had earlier made reference to GIBBONS being bigger and heavier than her. I asked how much she weighed, and she stated 106 lbs. She stated it might be less now, and that was at the time she was competing.
I asked ------- if there was ever any kissing that occurred upstairs. She stated she did not remember ever kissing him. She again explained that on Friday it was unpleasant because of how scratchy his beard was. She stated there was no kissing on Saturday. She stated it was "no shave November," which she described as a practice at the University where many students do not shave in November.
I asked ------- about the oral sex, and whether it was possible GIBBONS had asked her to give him oral sex. She stated there was no asking and no words spoken while they were together. She stated she remembers him putting his penis in her mouth, and when I asked if it could have happened more than one time, she responded, "Once." She stated she remembers she went up to get her breath, and not to perform. She remembered she could not breath, it was very quick, and the whole thing was very fast. She stated she could not give the number of seconds it lasted, remembers the
whole thing seemed to only take three minutes, stating she knows they were in the room for longer than three minutes.
I asked if she thought she could have performed oral sex only for a few seconds, she stated she did not think so, and it was only to get her breath. She stated she thought it was only for a couple of seconds and then she got up for her breath. I asked why she did not prevent his penis from entering her mouth, and she stated she remembers lying limp and being intoxicated, and he was holding onto her tightly. She stated she did not know. She stated she remembers the entire time she was frightened. She then stated, "I trusted him." I asked ------- if there was ever an occasion where he made a threat to her, and she stated there were never any threats.
I asked ------- what she would like to see happen. She stated she would never want to see him again, and have no one know about what happened. She stated they are in the same circle of friends. She stated she did not know for certain whether she wanted to pursue charges, and asked whether he would be present if she testified. I explained that the case could be reviewed by the Prosecutor, and if charges were authorized, she would have to be prepared to possible testify.
I asked ------- if it was possible that she made some reference to GIBBONS wanting to be with SHANNON during their contact. She stated she remembers telling him multiple times throughout the night to go be with SHANNON. She could not say for certain and did not want to say no as to whether it was possible she refered to SHANNON while they were in the room. She stated she knows she did not say she knows he would rather be with SHANNON.
I asked her if she ever said something to the effect of "We should not have done this" or "This should not have happened." She stated the entire time she felt violated, and would not have said that to him in the sense of "like we shouldn't have done this." She stated, "I don't recall saying that."
I asked ------- if she had any trouble getting back to her dorm in the sense of walking or being disoriented. She stated she did not and the dorm was "literally a thousand feet" from the fraternity house. She stated her friend LINDSAY HAGEN had found her.
I asked ------- again if she specifically remembers intercourse, and stated she remembers his penis coming out, GIBBONS going in her direction, and GIBBONS gripping her hard. She stated he is 220 lbs_ of football player. She stated she remembered being sore in her vaginal area afterwards, and there were cuts when she was examined. She stated she has had some pelvic pain afterwards.
I asked ------- about possibly grabbing GIBBONS' arm while sitting on the couch, and GIBBONS asking her to go upstairs. ------- stated she remembered there was a space between them, and she does not remember grabbing his arm. She stated she clearly voiced to him the previous day that the kiss meant nothing. She stated she did not think it was dangerous situation going upstairs with a person she had known for five months.
------- indicated to me that she still was not certain about prosecution and asked questions about what to expect if charges were authorized. I explained the process to ------- at that time. I informed ------- that holiday break was only a day away, and we would speak further the following week.