UCF suspends frat after woman says she was gang-raped at party, deputies say

Victim says she woke up to men raping her; students charged with sexual assault

ORANGE COUNTY, Fla. – An investigation is underway after a woman told deputies she was raped by two men at a University of Central Florida fraternity's unofficial party on Friday, according to the Orange County Sheriff's Office.

The victim said she was at a "meat factory" party -- which was hosted at an off-campus house rented by members of Alpha Tau Omega -- with friends when she began talking with 26-year-old Jack Smith and 20-year-old David Kirk, the report said.

A UCF Police Department spokeswoman said Kirk is a junior pre-marketing major and Smith is a sophomore pre-business major.

Around midnight, the victim said she blacked out from drinking vodka. Her next memory after blacking out was being bent over a bed naked with Smith and Kirk raping her, according to the affidavit.

Deputies said she heard one of the men say, "My turn, my turn" before the attackers switched positions.

The victim said she remembers crying but was too shocked, numb and intoxicated to stop the attack, according to authorities.

She blacked out again and when she regained consciousness, she was partially dressed, crying on the bathroom floor across from the bedroom where the attack took place, officials said. The woman immediately began texting her friends, telling them that she needed help because she was gang-raped, according to the affidavit.

Deputies said when the woman woke up on Saturday, she reported the crime.

[RESOURCES: UCF students can find help and support for sexual harassment, sexual assault and dating violence here]

Smith agreed to meet with deputies on Saturday in the parking lot of a Publix on University Boulevard and he admitted to drinking at the party on Fiske Circle and said he remembered the entire night, records show.

Smith was arrested on a sexual battery charge. An official from the Orange County Sheriff's Office said Tuesday that Kirk had been arrested on the same charge.

During a court appearance on Sunday, Smith sobbed when the judge spoke of the punishment Smith could face if he is convicted.

"I've never done anything wrong in my life," Smith said, in tears.

A judge set bond at $10,000 with the conditions that Smith have no contact with the victim and that he not consume any alcohol.

Smith has since bonded out of the Orange County Jail.

Kirk turned himself in on a warrant Tuesday to the Orange County Sheriff's Office, according to the arrest affidavit. He is charged with sexual battery on a physically incapacitated person. Kirk posted $5,000 bail Wednesday afternoon.

“I’m 100 percent innocent of these charges and I know the truth will prevail," Kirk told News 6 as he was leaving the jail complex.

Officials from the UCF Police Department said Alpha Tau Omega was placed on an interim suspension Tuesday afternoon while the school investigates the alcohol-related misconduct allegations.

An Alpha Tau Omega spokesman said of the 250 people at the "meat factory" party, about 10 of them were members of the fraternity. He said Kirk was expelled from the chapter a year ago and Smith has never been a member of the fraternity.

He also claimed that the victim told a member of the fraternity about the incident and he recommended she call police.

Alpha Tau Omega released a statement about the arrest:

"Alpha Tau Omega supports the woman alleging sexual assault at a UCF party.  In fact, ATO’s only involvement is that an undergraduate member who knows the alleged victim encouraged her to file a police report and get a rape kit, which she did.

"The party in question was not in any way connected to Alpha Tau Omega. This party was attended by approximately 250 people with perhaps 10 ATOs, including five men who rent the house where the party was held in attendance.  (The chapter has 120 undergraduate members). 

"The party was not planned or coordinated by the chapter, was not sponsored by the chapter, was not sanctioned or promoted by the chapter.  This was not an ATO event.  

"David Kirk, one of the men who is accused of sexual assault was expelled by the chapter from the Fraternity in January," the statement read.

In August, Alpha Tau Omega's UCF chapter was temporarily suspended after one of its members was accused of raping a woman during an on-campus "New Years in July" party. The Orlando Sentinel reports that criminal charges against that fraternity member have since been dropped.

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