tv Nightline ABC April 23, 2015 12:37am-1:08am EDT
12:37 am
. this is a special edition of "nightline." >> crisis on campus. these college athletes are known as the grizzlies. but what some former players are accused of is gruesome. >> he grabbed me by my jaw and after that i blacked out. >> tonight the accusations of rape coming to light. one woman confronting her rapist and secretly recording his confession. >> i'm so sorry. >> reporter: with so much alleged evidence why aren't more cases prosecuted? we go inside the investigation with jon krakauer as these alleged victim go through the criminal justice system. >> this special edition of "nightline," crisis on campus" will be right back.
12:39 am
this is a special edition of "nightline," crisis on campus. good evening. thank you for joining us. we have all seen the shocking headlines from campuses across the country. tonight, we hear from three brave women who refuse to remain silent. sharing their stories and hoen onerous steps they took to seek justice. we examine the hot button issue of rape on college campuses. this time in the town of missoula montana missoula the
12:40 am
college town nestled in the rockies known for two towering institutions the university of montana and grizzly football. >> touchdown, montana. >> there was no other option for school for me. it was i was going to be a montana griz. >> reporter: she was proud of the grizzlies a high-octane division one team whose fan gaim base is known as griz nation. >> all the stadium, people cheering i loved it and it is now ruined for me. >> reporter: ruined because her sophomore year she says she was raped in this off campus apartment. >> i remember the crotch being in my face and i said i don't want to and i pushed him away. he grabbed me by my jaw and after that i blacked out. >> reporter: she came forward with her story. >> what do we want -- >> reporter: joining a chorus of alleged victims nationwide sparking fierce debate over america's rape crisis fuelled by binge drinking and sexual
12:41 am
aggression, many victims say they feel the justice system instead of helping is failing them which maybe why an 0% of rapes go unreported. >> i think it is terrifying to come forward because you are treated not like the victim. >> how are you treated? like it was your fault the rape happened. >> in the past three years, there have been 80 reported rains in missoula. 11 sexual assaults involving university students. >> reporter: missoulas's own rape scandal came to a head in 2012 when the justice department launched a federal investigation in toe university and local police and prosecutors. high profile cases involving grizzly football player and other um students made for scandalous headlines and the media pounced dubbing missoula as america's rape town. the stories caught the attention of best selling author jon krakauer. >> missoula is not the rape capital of the country. i wish it was.
12:42 am
. rape statistics are average of below. >> reporter: he is most famous for his non-fiction survival classic in to the wild which hollywood later turned in to a movie. >> you are a big deal if you are on the griz. >> reporter: he is taking on a different struggle with his new book "missoula: rape and the justice system in a college town." >> if this problem could exist in missoula it could exist anywhere in the country, and it does. my book focuses on the victims, their ordeal what they went through. once you know the victims it is a huge price these victims pay. >> he did something to me i have to work on every day and i will probably have to work on the rest of my life. >> reporter: allison his one of the victims he started to profile. eight out of ten college rape victims she knew her rapist personally. >> this is someone i looked as a as a protector.
12:43 am
someone i thought would have protected me from anything. >> reporter: she returned to missoula for a party in september of 2010. >> do you remember how much you were drinking? >> it wasn't an excessive amount. more socially throughout the night i had been drinking. so neither of us were in any condition 0 drive. >> reporter: at about 2:00 in the morning, allison decided to crash on the couch. >> i woke up to a lot of pain and a lot of pressure and sound of somebody moaning. quickly realized it was bo. and then i just shut my eyes and laid there and that wasn't -- i don't think it was a decision i consciously made. i waited until he was done and he got up and literally picked up a blanket and threw it on me and pulled up his pants and walked away. >> some would say why don't you scream out or fight back?
12:44 am
>> this person is already willing to rape you. it's hard to imagine what they wouldn't do what they wouldn't stop you from telling people. >> reporter: allison waited silently until bo was out of earshot and frantically snuck out of the house barefoot. >> i ran out the back door the driveway and through this alleyway up here. >> reporter: she desperately dialed her mom for help. >> she kept telling me to run. i remember telling her that bo had raped me and i realized he was chasing me. and so i kept running. push ing him off of me. >> reporter: allison says bo was begging her to come back, to not tell anyone but he finally let her go. >> it was a state of shock. i just needed to get away from him and to somebody that was going to get me to a safe place. >> reporter: she went to the hospital and had a rape kit exam but didn't want the police involved. >> i knew going forward with
12:45 am
that would be a huge ordeal and him playing for the griz maximized it by 100. >> reporter: instead she decided to do her own detective work. >> the morning after, as miserable as she was, her and her friend decided you need to get a confession. you need to tell bo if he doesn't apologize in the morning you will go to the cops. >> reporter: she hid an audio recorder between the couch cushions. >> i'm so sorry. we were laying on the couch. i was obviously completely [ bleep ] up. >> i have heard stories before of how hard it is to charge somebody with rape. in general i didn't want to be questioned. >> we were making out on the couch. we were laying on the couch together. started doing stuff. >> no we weren't. i never remember making out with you or any of that. >> bo eventually changed his story. >> you took complete advantage of me. >> i did. i'm sorry. >> the only reason i felt
12:46 am
comfortable -- >> i can't blame it on alcohol because that's not right. it is something that i did and i [ bleep ] up. >> you tore her up inside. you know how devastating that is? as a mother that kills me that kills me. >> beau was emotional and she thought genuinely remorse sglfl i thought about killing myself that night. i was curled up on the couch in the car point with a gun in hi hand. >> go to the police station and tell them. your life is ruined beau. you are going to jail. >> reporter: more than a year passed and she was plagued by nightmares and anxiety. >> i started to act crazy and my mind feeling crazy. i wanted to pay people to hurt
12:47 am
him and that's not my normal character. >> reporter: she said she knew beau wasn't getting the help he promised and show called police and the wheels of justice began turning very slowly. >> if you don't have two taped confessions how difficult of a case would yours have been? >> very difficult would be my word against his. >> reporter: the local paper reported on two other alleged incidents of rape by grizzly football players, including kelsey's alleged gang rape. >> i was in a relationship, lived with someone. never once walked in there saying h hi this is the first night i have met you please have sex with me. >> reporter: she was celebrating the end of finals in december of 2010 a at an off campus party and took 8 to 11 shots of 99 proof alcohol. next thing i know i'm in a bedroom. i don't remember bits and pieces until i had a p enis in my face.
12:48 am
>> she said she pushed the first player away saying i don't want to but he forced himself on her. what followed was a gang rape she said by three additional grizzly football players. >> is there a possibility they thought you were consenting? >> i don't know what they are thinking. i'm not a mind reader. do they know what i was thinking? >> reporter: hours later she had a blood alcohol level three times the legal limit. she immediately called the police but said she was surprised by their reaction. >> when i left the police department i walked away feeling like it was 100% my fault. >> reporter: why? >> they made it seem like it was alcohol, that it was my fault i drank too much and if i hasn't drank too much it wouldn't have happened. >> reporter: do you feel that way. >> absolutely not. alcohol didn't stick a peanis in my face. >> allison uncovers an explosive
12:49 am
new detail she may not have been beau's first victim. >> i started screaming get off of me. please get off of me. i was pinned down. there was no way i could get up. ♪ ♪ stop dreaming. it's time for the volkswagen stop dreaming start driving event. get a $1000 volkswagen credit bonus. hurry in, during the final days of the volkswagen stop dreaming start driving event and you can get 0% apr, plus a $1,000 volkswagen credit bonus on 2015 jetta and passat models. don't wait.offers end april 30th. this is my body of proof. proof of less joint pain. and clearer skin. this is my body of proof that i can fight psoriatic arthritis from the inside out... with humira. humira works by targeting and helping to block a specific source of inflammation that contributes to both
12:50 am
joint and skin symptoms. it's proven to help relieve pain, stop further joint damage and clear skin in many adults. doctors have been prescribing humira for nearly 10 years. >>humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers including lymphoma have happened, as have blood, liver and nervous system problems, serious allergic reactions and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. >>visit humira.com and talk to your rheumatologist. humira. this is a body of proof! [woodworker] i live in the fine details. that's why i run on quickbooks. i use the payments app to accept credit cards... ...and everything autosyncs. those sales prove my sustainable designs are better for the environment and my bottom line. that's how i own it. i take prilosec otc each morning for
12:51 am
my frequent heartburn. because it gives me... zero heartburn! prilosec otc. the number 1 doctor-recommended frequent heartburn medicine for 9 straight years. one pill each morning. 24 hours. zero heartburn. at perdue, we know fresh chicken. well, not that kind of fresh. but we do take extra steps in our farms, trucks that deliver daily and everywhere in between... ... to bring you a fresh tasting chicken. perdue. we believe in a better chicken.
12:53 am
imported chicken's been in the news a lot lately. for chicken that hasn't crossed an ocean look for perdue. we're the first company to have the usda verify that our chickens are raised in the usa. to bring your family a fresh-tasting chicken. perdue. we believe in a better chicken. back now with the women on a crusade to confront what they believe is a rape cry skis on college campuses. one victim making a crucial discovery that could help to seal her attacker's fate. the other confronting a nightmare that her own account of the blurry night maybe turned against her. >> i felt so violated.
12:54 am
i was like no, no one is going to get away with doing this to me. >> reporter: it had been two months since kelsey said she was gang raped at a drunken off campus apartment inside of this apartment by football players. how incapacitated do you think you were? >> so drunk i don't remember if what was going through my mind. thinking i need to get the hell out of here an i couldn't move. >> reporter: after an investigation, detectives and prosecution determined there was not probable cause to file criminal charges against anyone involved in the understand sglent case closed. >> what was your reaction in. >> shocked. i was like this i thought to myself this is a slam dunk case. >> missoula police report. >> a case that highly acclaimed author jon krakauer followed through every twist and turn in his new book. >> any of the boys or the girl in the situation said it is all covered up. >> reporter: investigators pointed out that a crucial part of kelsey's own testimony was
12:55 am
working against her, on the question of consent, zell kelsey told police the men would have believed it was consensual sex. >> she stated she was so intoxicated she didn't resist them. >> the football players and two additional witnesses said they thought the sex was consensual. >> the cop who investigated the detective told her, kelsey it's your word against six people. how am i supposed to work with that. >> reporter: montana law says a victim is incapable of giving consent if they are mentally defective or incapacitated but the definition is murky and the county attorney insists despite being extremely drunk, kelsey was not legally incapacitated. >> the cops and prosecutors said if she had been out cold yeah you would have a case. because she was in and out of consciousness she doesn't have a case. that is horse [ bleep ]. that is ridiculous. >> reporter: prosecutors considered the evidence as insurmountable hurdles in her
12:56 am
case. even though she told police she was afraid to fight back. >> i was scared because these boys were a lot bigger than me. i didn't matter how hard i would have fought. >> reporter: the attorney general's office agreed with the prosecutor's decision not to file charges in kelsey's alleged gang rape. the federal justice department found cases like kelsey's were part of a pattern and they declined to prosecute cute every case where there was drugs or alcohol. prosecutors filed charges in only 14 of the 85 total rape cases the police sent them. >> they have never been done this to any prosecutor. >> reporter: the missoula county attorney at the time disputed the doj's findings and defended their record saying their prosecution stats are on par with other major cities. >> that's what is so insidious and i think this is true in most cities. so the prosecutor puts out this message, we're not going to do it unless it is so glaringly
12:57 am
obvious we have to do it. >> after kelsey hit a dead end with police and prosecutors, she turned to the university for justice. of the four football players, one was expelled one agreed to leave and two left school before the university could take action. >> what goes through your mind as you walk down this alley? >> i think it is surreal because i don't -- for me it was dark and i don't recall a lot of this. >> it had been nearly two years of anxiety and anger since allison huguet was raped by beau donaldson. after a secretly recorded audio confession. >> something i did and i [ bleep ] up. >> reporter: and police investigation beau still was not behind bars. then a stunning twist. >> he came in his shorts and underwear and got on top of me. >> reporter: hillary mclaughlin who says she was sexually assaulted by beau donaldson two years before allison's attack but she never reported it to police. does it occur what might have
12:58 am
happened if you tried to press charges? >> it kills me because i could have possibly prevented what allison went through. that brings a lot of guilt. her life could have been different if i had the courage to say this person was wrong and tried to hurt me. he needs -- something needs to be done about it. >> reporter: when allison found out about hillary she tipped off detectives and they convinced her to tell her story in court. >> that was huge. puts a lot more doubt on his stories and gives me more credible. that was huge. >> reporter: in september 2012 beau pled guilty to allison's rape. the front page story divided griz nation. tell me about the backlash for people who come forward and report rapes. >> it's awful. people are awful. >> she just kept crying. >> reporter: in court, beau had to listen to gut-wrenching statements from allison and her loved ones. >> i just said that he thought he deserved to be raped every day until he could understand
12:59 am
what he was putting me through. >> reporter: he was sentenced to ten years in prison. he will be up for parole this july. >> i think we all have this misconception that a rapist is somebody wearing a ski mask and carrying a weapon. >> beau is a rapist that's what a rapist looks like and the ones that look like beau are scarier because you are more likely to let your guard down. >> reporter: in the the wake of the dodge the doj investigation, they formed groups. his new book has opened old wounds in missoula. at a press conference today the current county attorney who he criticizes in the book shot back at the author. >> the charges that the author has made against me my office my predecessor are inaccurate exaggerated and unnecessarily
1:00 am
personal. he is correct in that our investigation and prosecution standards needed to be improved. >> reporter: as for the university, among a host of other reforms the athletic department created a code of conduct that directly addresses sexual assault. >> missoula is much safer place for women now than when i looked at it in 2012. >> reporter: but for him he said the most important part is it finally gave victims a voice. >> more women are seeing there's strength in numbers. the rapist's greatest weapons they use against victims is silence. >> i'm sick of being silent. i feel like i can be a voice for so many people who don't have that chance to be that voice for themselves. >> reporter: jon krakauer's book "missoula: rape and the justice system in a college town" is available now. we'll be right back. >> this special edition of "nightline" is brought to you by geico.
1:01 am
hello! this little beauty here is top-of-the-line. see, you just pull like this to go left. and like so to go right. where are the brakes? uh, just grab ahold of both and pull straight back. and the "whoa!" is optional. you wouldn't buy a motorcycle without handlebars. no thanks. and you shouldn't ride a motorcycle without geico insurance. roadside assistance, 24 hour service, great rates. geico motorcycle. see how much you could save.
1:05 am
tomorrow night on "nightline," we're bringing you an incredible story of what it is like to celebrate life after escaping death row. we're with a man experiencing freedom for the first time after spending 30 years behind bars. >> they took my 30s, my 40s, my 50s but what they couldn't take was my joy. >> don't miss that remarkable saga tomorrow night on "nightline." thanks for watching abc news. tune in to "good morning america" tomorrow and as always we are on-line at our "nightline" facebook page and at
1:06 am
1:07 am
answers. from the bronx, new york please welcome j.r. perez! [cheers and applause] >> what's up, terry? >> what's up, j.r.? >> whoo! what's up, man? >> how you doing, man? >> i feel good. >> you feel good. i feel good. >> you look good, man. i can see it. >> oh, you know, this old thing. >> oh, stop it. >> i'm sorry. >> i might need that, man. it calms me down. [laughter] >> now, i understand you are a tour guide. you can show me the way. what's up? >> oh, i love being a tour guide, man. i get to meet people from all around the world, and i get to give them, like, little tips in new york city. like, my favorite thing to do in new york--you're married; giving it for your wife. walk over the brooklyn bridge, you get a little pizza at the pizza place over there-- it's good; don't worry about it--then you walk down the hill, see the view of new york. romantic; make some more babies. >> oh, my goodness. i don't want that tour right now. i really-- [laughs] i don't think i can afford that tour. >> that's fair. that's fair. >> listen, but if you answer all these questions right, you can. >> that's my goal, man. >> all right, well, listen this is the millionaire
93 Views
IN COLLECTIONS
WPVI (ABC) Television Archive Television Archive News Search ServiceUploaded by TV Archive on