The attorney for a former Loyola University freshman charged with raping two female students in separate incidents in their dormitory rooms last month contended that the alleged victims may have concocted their stories because they regretted having consensual sex.
"Based on the testimony that we heard in court today, I think it's reasonable to consider this a case of buyer's remorse," attorney Robert Kerr said Tuesday after an hourlong preliminary hearing for Colin Kennedy, 18, who is charged with two counts of criminal sexual assault.
Both alleged victims testified at the hearing that Kennedy raped them on consecutive nights in January after they had agreed to let him sleep in their dorm because he claimed he was locked out of his room.
The women said they didn't report the assaults to campus police until two weeks later and admitted they continued to socialize with Kennedy — including competing on the same team with him in a "trivia night" competition at a local bar — because they were confused and didn't want to upset their circle of friends, which included Kennedy.
"I wanted to pretend that things were OK, even though they were not," one alleged victim, a 20-year-old sophomore, testified at the Leighton Criminal Court Building. "I didn't want things to be weird or awkward."
She said she feared that people would gossip about why they were making the allegations and why they waited to come forward. Ultimately, she said, she had to report it because she "didn't want it to happen to anyone else."
The woman grew flustered as Kerr repeatedly asked her about Facebook photos she posted of Kennedy as well as phone calls she made to him and text messages she sent to Kennedy, all in the days after the alleged rape. At one point she started to faint and was held up by prosecutors until a chair was brought for her.
Kennedy, free on $300,000 bail, did not look in her direction as he stood nearby. His parents sat in the courtroom gallery holding hands.
The woman testified she and Kennedy returned to her room after a night out drinking. After she passed out, she awoke in the middle of the night to find Kennedy sexually assaulting her, but she was intoxicated and passed out again, she testified. When she woke up about 9 a.m. the next day, she was naked and noticed Kennedy's clothes on the floor of her room.
That woman's friend, 19, also a sophomore, testified that the next night she had a small gathering in her dorm room that Kennedy attended. She said she let him sleep on her futon because he said his roommate hadn't come back from winter break with their key. She testified she had gone to sleep when Kennedy got in her bed, started to grope her, then raped her as she screamed and tried to fight him off.
She stayed up all night trying to figure out what to do while Kennedy slept in her bed, she said.
"I honestly did not know what to think. I was extremely frightened and flustered," the 19-year-old testified in a calm voice. "I started cleaning (the kitchen) in a panic. I was pacing back and forth."
Kerr said after court that the alleged victims' behavior didn't bear our their testimony of being frightened and confused.
"What doesn't make sense to me is that these girls maintained their relationship (with Kennedy)," Kerr said. "They invited him out places. They initiated phone calls. They initiated text messages."
Kennedy had been studying international business at Loyola but left the school and returned to his family home in Laguna Beach, Calif., after the charges were filed late last month, his attorney said.Copyright © 2015, The Baltimore Sun