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Student arrested on rape charge

Student released from jail on bail

Senior Staff Writer

Published: Wednesday, October 27, 2010

Updated: Monday, December 10, 2012 16:12

dylan rosevear

Loyola Maroon

Dylan Rosevear, Music Performance senior

UPDATE: The Orleans Parish district attorney’s office will not prosecute former Loyola student Dylan Rosevear, who was arrested and booked on charges of simple rape in October 2010.

See the story here: http://www.loyolamaroon.com/da-declines-to-pursue-charges-against-rosevear-1.2515729

The New Orleans Police Department arrested and booked a Loyola student on charges of simple rape earlier this month.

Police arrested Dylan Rosevear, music performance senior, on Oct. 15 after police say he raped a woman following a Tulane fraternity party.

According to the police report, Rosevear and the victim attended a cocktail party at the Sigma Chi Fraternity house. The victim became intoxicated at the party and one of her friends asked Rosevear to bring her home, due to her intoxication, the report said. The victim woke up nude with Rosevear, also nude, lying next to her in her bed, kissing her on the neck the following morning.

Police said the victim asked Rosevear what happened, which he told her they engaged in sexual intercourse the previous night and showed her a condom on the floor. The victim said she told Rosevear she did not remember anything, and he left, the report said.

After that, the victim contacted her friend and asked how drunk she was when Rosevear brought her home.

“Smashed,” the report said the friend responded. Rosevear, who is still attending classes, and his lawyer declined to comment on the matter. Loyola Student Affairs and University Counseling Center also declined to comment on whether they would take disciplinary action against Rosevear.

“If she is intoxicated to a level where she can’t function, that’s rape,” said Lt. Paul Noel of the NOPD Sex Crimes Unit.

Noel said a rape kit was used in the investigation and no date rape drugs were involved, to his knowledge.

Noel does not believe Rosevear took the victim out to get her intoxicated, but he also said that it is irrelevant as far as the law goes.

Rosevear was released after posting a $10,000 bail. Rosevear’s first appearance hearing in magistrate court will be Dec. 15.

 

Precious Esie can be reached at piesie@loyno.edu

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Precious Reader
Sun May 20 2012 15:44
Now that this case hasn't proceeded the Tulane newspaper has had the tact and respect to take down its article. I know Loyola is not exactly the breeding ground for Pulitzer winners and famed journalists, but do you really have to permanently ruin the reputation of one of your former students that has had his entire life altered due to, apparently, unfounded accusations? If I was a friend of Dylan's I would counsel him to take legal action against the paper and the writer of this article for leaving this up after he has been acquitted. Believe me, persons have recovered for articles of a much less defamatory nature than this one. Unless you have some sort of agenda in punishing a boy who has not been found to be guilty in the eyes of the law, there is no reason to leave this article up to be found by anyone searching his name. Surely you have other pieces of 3rd rate journalism to pad your portfolio? There is no journalistic purpose for this continuing to exist on the internet following the accused's acquittal. Tulane has already seen this and removed its article. Unfortunately, as in many things, Loyola has apparently lagged in catching up.
Precious Esie
Mon Jul 11 2011 22:39
If anyone has a problem with my article then SEND ME AN EMAIL! So many anonymous people here and none that will challenge me with a true identity. DO SOMETHING LOYOLA!!!
Anonymous
Sat May 14 2011 12:49
Nice Pedobear, there.

New Orleans P.D. and prosecutors have a poor tradition of prosecuting rape cases Just because a case isn't prosecuted doesn't mean that a crime didn't occur; it means that a) DA doesn't want to deal with it or b) DA feels it's enough of a 'he said/she said' situation that they don't want to risk their professional career prosecuting it. If this woman was so intoxicated that she could not give consent, he did in fact commit rape. Apparently the woman did have a witness who backed up how inebriated she was.

You have to call into question the mindset of anyone who would have sex with someone that intoxicated. All he had to do was escort her home, and wait until she was more sober before coming onto her. The interesting question is why he decided not to do this simple, sensible solution.

Anonymous
Mon Feb 7 2011 15:42
To Fellow Journalist:

Interesting. Please tell me more about you're views on journalism.

Fellow Journalist
Fri Dec 3 2010 00:20
To: Current Loyola Student

You're an idiot. Writing a column based on police reports and posting a picture of the perpetrator is not just good journalism — it's very good journalism. Just because you pay too much for a relatively worthless education doesn't mean you're school's newspaper (which operates as a separate identity) can't write an article that is timely and extremely newsworthy.

Chelsea Brennan
Mon Nov 15 2010 18:32
I don't think many of you know that Louisiana laws regarding simple rape and definition of consent, so here you go:
"A. Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity."
http://www.legis.state.la.us/lss/lss.asp?doc=78531

If the victim is intoxicated, they're considered unable to consent, and thus it's rape. It's the law and it's pretty clear. There's a difference between drunk sex and rape. Also not sure if any of you are aware of this, but the percentage of falsely reported rapes is VERY low.

Anonymous
Mon Nov 15 2010 14:00
Xavier Stone-

You clearly have no idea what you are talking about. First of all, just being drunk does not automatically mean that your ability to consent is taken away. What if she had consented earlier in the evening? You don't have all the facts, so you do what you are accusing everyone else of doing: jumping to conclusions. NO ONE can determine conclusively whether or not rape actually occurred based on what the Maroon published, especially since the entire article is based on the account of one person, the complainant (nice journalism Precious Esie). For all of you accusing Dylan prematurely, it is important to remember that in our legal system, it is innocent until proven guilty. A account from only one person, the accuser herself, does NOT prove someone guilty beyond a reasonable doubt.

Anonymous
Sat Nov 13 2010 00:43
maybe he should counter-sue her for raping him because he was also intoxicated
Anonymous
Fri Nov 12 2010 19:59
If having sex with someone who is at all intoxicated is rape then most of us are rapist. there is a point where it does become rape but how do any of you know, were you in the bedroom with them, and if you were why didn't you stop it. This should of never been posted till Mr. Rosevear is found ether innocent or guilty. and Xavier stone I said that shit five times fast it's not even a tongue twister at least make it hard
Anonymous
Thu Nov 11 2010 17:51
Hey Xavier, go to the Boot on a Saturday night (or any night, for that matter) and stand by the door. What do you see? Underage guys AND girls stumbling out the door, grabbing each other for support. Where do you think THEY'RE going? By your overly black and white definition of intoxicated, around 70% of sexual encounter at Loyola AND your precious Tulane would be considered rape. And then you want to say a girl can call rape anytime after the encounter? I don't think so.
Xavier Stone
Thu Nov 11 2010 02:48
"But if in the field the man finds the girl who is engaged, and the man forces her and lies with her, then only the man who lies with her shall die. 26"But you shall do nothing to the girl; there is no sin in the girl worthy of death, for just as a man rises against his neighbor and murders him, so is this case. 27"When he found her in the field, the engaged girl cried out, but there was no one to save her," (Deut. 22:25-28).

I post this quote because even though you are all going to a Christian institute, you don't seem to know the Bible all that well. And, if you do, you don't seem to care, but that's a whole different issue.

If someone's drunk, they cannot consent. That's the law, and that's common sense. Did he force himself upon her? No one, save he, will ever know, but that doesn't matter. She couldn't consent. Sex without consent is rape. Thus, Mr. Rosevear raped this girl. The fact that this is somehow up for debate is beyond sickening. It's terrifying. For anyone who's been defending him, I'd suggest taking a look in the mirror, and say to yourself (and you'll know whether or not you believe yourself), "Dylan didn't rape that girl. It was totally consensual, even if she was drunk. She's just ashamed, and wants to get out of an embarrassing situation." And if, by the time you're done saying that, you don't feel sullied, I honestly fear for your soul.

If you have an issue with anything I've said, feel free to add me on Facebook--Xavier Stone, and I go to Tulane University, class of 2012, and my high school was The Groton School, class of 2008. I'll gladly show you why you're wrong.

Current Loyola Student
Tue Nov 9 2010 00:55
TERRIBLE. I don't know either student, but as a member of the Women's Resource Center and also a Loyola senior, The Maroon just doesn't know tact. Between the Zimple article and this one, The Maroon doesn't know hot to treat its students with respect. The trial hasn't even happened yet and showing a mug shot photo is pathetic journalism for a Jesuit university. Be adults.
Anonymous
Mon Nov 8 2010 11:00
Oh no! Now the Tulane Hullabaloo is picking on Poor Dylan. How dare they reprint the contents of a police report?!?!?
http://thehullabaloo.com/2010/11/05/loyola-student-accused-of-sexual-assault/
Lollington
Sun Nov 7 2010 19:51
Another reason this may have occurred?

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Loyola Alum
Sun Nov 7 2010 19:46
I think all of you are somewhat missing the point here. This is bad journalism because of its timing. An article about a suspect involved in a rape case seems really insensitive during Take Back the Night festivities. It has made people focus on one man's purported violence against a specific woman instead of thinking about what can be done to stop violence against women in general. That's highly jingoistic. Whether the suspect committed the crime or not is not anyone's concern but the law. I also think that publishing this man's picture is absolutely unnecessary, especially at a campus as small as Loyola's.
Anonymous
Sat Nov 6 2010 17:00
Public figure, eh? He didn't run for office. He is in the music industry and happens to be known by a lot of people in the community... hmmm. sounds familiar. And by the way, the issue of being a public figure, as opposed to being a private figure has to do with invasion of privacy questions. Once you are arrested you lose your right to privacy.
Anonymous
Sat Nov 6 2010 11:47
Rehage is a public figure. There's a legal difference.
Student at Loyno
Fri Nov 5 2010 20:57
For those of you who claim that no legitimate news agency writes about charges without identifying suspects and/or only writes about convictions, please see today's Times Picayune article titled, "Voodoo Fest founder and producer booked on rape charge."

Does Steve Rehage have a libel case against the T-P if he is found innocent? The answer is clearly no.

Anonymous
Thu Nov 4 2010 00:14
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Morgan
Wed Nov 3 2010 10:44
Precious Elsie, perhaps you should have contacted a better variety of sources. If I understand journalism correctly (and as a PR major at Kent State University in Ohio, I believe I do) a story should have a minimum of three sources. You only quote the police report in this so called story -- and I guess the one line from the lieutenant may count. But could you have gotten any more bias opinions?

What about talking to others at the party? The girl was "smashed" wasn't she?
Or a psychologist?
Or maybe you should ask her so called "friends" why they left their "smashed" friend unattended at a fraternity party...

You completely SLAM this kid -- when you didn't get nearly enough information to write this story.

Your editor and yourself should be ashamed.

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