Charges dropped against UCF students accused of rape at off-campus party

Men were facing sexual battery charges

By Adrienne Cutway - Web Editor

ORLANDO, Fla. - Two University of Central Florida students who were accused of raping a woman at an off-campus party in April will not face prosecution in the case, according to court records.

Notices of no information were filed for 26-year-old Jack Smith and 20-year-old David Kirk on Thursday. Both men were facing sexual battery charges in connection with the April 20 incident.

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

The document noted that the case was not suitable for prosecution, but did not list a reason why.

The victim told police that she was at a "meat factory" party hosted at a home rented by members of Alpha Tau Omega when she began talking with the two men. Deputies from the Orange County Sheriff's Office said she blacked out from drinking around midnight and when she regained consciousness, the men were sexually battering her in a bedroom at the home.

[READ: UCF student accused of rape at party says he is ‘100 % innocent']

A member of ATO encouraged the victim to contact authorities after she told him what happened, according to a statement released by the fraternity. The fraternity denied any other connection to the incident and said only 10 of the 250 people attending the party were ATO brothers.

Kirk was expelled from the fraternity in January and Smith was not affiliated with the organization, officials said.

The UCF Police Department said ATO was placed on an interim suspension after the arrests so the school could investigate the alcohol-related misconduct allegations.

Both Kirk and Smith said they were innocent.

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