ATHENS, Ohio-- No charges will be filed after allegations that an Ohio University co-ed was raped on a busy street in downtown Athens on Oct. 12.
Athens County Prosecutor Keller Blackburn said the incident was presented to the Grand Jury, which found that "probable cause did not exist to charge any party from the incident."
A young man and woman were seen engaging in what appeared to be a public sex act in front of a bank.
Police say some of the witnesses to the incident took video and photos and posted them on social media sites.
The woman shown in the photos went to Athens police and reported that she had been the victim of a rape.
But, the prosecutor said an investigation revealed that the woman had been drinking with the 20-year-old male student and they were seen kissing at various locations along Court Street.
Investigators now say that during the incident at 3 a.m. in front of the bank, the male student was heard asking the woman if he should stop because a crowd was gathering and she said, "no."
"The female was responsive during the video. She had a smile on her face at one time; she grabbed the back of the male's head at another time," Keller Blackburn said.
Ohio University released the following statement, Monday:
"Regardless of the Grand Jury’s determination following the criminal investigation, Ohio University is mandated by federal law to respond to allegations such as those that arise out of the incident that occurred during Homecoming weekend on Court Street. The health and safety of our community is of utmost importance.
Ohio University is following its own internal policies and procedures to investigate the circumstances related to the incident. While the details of that investigation are not public, the policies and procedures require careful consideration when we receive reports of alleged sexual misconduct.
Each of us has a responsibility as a contributing member of the community to understand how to recognize behavior that is unsanctioned and unlawful and then become empowered to address it. Respect for ourselves and respect for the other members of our University family is a value that we regard highly."