PUNCH BACK TWICE AS HARD: Student cleared of sex assault charges sues for malicious prosecution.
A New Jersey student who had charges of sexual assault dismissed against him is suing the police who investigated him, alleging false arrest and malicious prosecution.
The accused student, who will not be named here because he is currently innocent under the law and no longer being charged or investigated, spent two weeks in jail because he was unable to post the $250,000 bail. He was eventually released on his own recognizance, and the charges were administratively dismissed 20 days later, without the case ever going before a grand jury.
The accused alleges in his lawsuit that the “probable cause” report that was used to justify the arrest was produced after the arrest was made, as the time of the arrest was mentioned.
Related: Sex assault charges dropped against Univ. of Tennessee football player. “Last year, the Knox County district attorney dropped sex assault charges against a University of Tennessee football player. Now the police file has been released and we know why. Police investigated the accusation for three months. A DNA test was performed and found no evidence of semen or anything else from the accused player.”
Plus: “Highlighting what it’s like for accused students, even those who are not charged, one need look no further than the Tennessean article. After the first two paragraphs about charges not being brought against the player, writer Anita Wadhwani switches topics to talk about a lawsuit against the university from eight women who claimed they were sexually assaulted.”