Former University of South Dakota student-athlete found not guilty in attempted rape trial

Danielle Ferguson | Argus Leader

Show Caption Hide Caption Former South Dakota football player sentenced in rape allegation The cases for two former University of South Dakota football players who faced rape charges are moving forward. Danny Rambo Jr. pleaded guilty to a lesser charge and was sentenced. Dale Williamson Jr.'s case is ongoing. Both are no longer students.

VERMILLION - A Clay County jury has found a former University of South Dakota student athlete not guilty of an attempted rape charge.

Dale Wayne Williamson Jr. faced a jury Monday and Tuesday on charges of attempted second-degree rape stemming from an October 2017 incident.

After going into deliberation at about 1:30 p.m. Tuesday, the jury of four men and eight women reached a not guilty verdict at 8:20 p.m.

Williamson stayed still, sometimes rocking in his chair. As his verdict was read, he lowered his head with a sigh of seeming relief.

Williamson, 22, was charged with attempted second-degree rape last year after a woman told police he and another football player, Danny Rambo Jr., walked into a room where she was having consensual sex with another man, who was also on the football team, and attempted to sexually assault her.

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The trial moved quicker than expected. Opening arguments began late Monday afternoon, and closing arguments occurred early Tuesday afternoon.

The crux of the case didn’t seem to be whether the incident happened, but whether what happened met the definition of attempted second-degree rape by law. Second-degree rape is defined by South Dakota codified law as "through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution." The "attempted" comes from an intercepted or failed attempt at committing a certain crime.

In her closing argument, Clay County State’s Attorney Alexis Tracy said Williamson did not receive consent from the victim and attempted to force her to perform a sex act on him by pulling her hair and lying in front of her.

Williamson’s attorney Matthew Metzgar in his closing argument largely focused on the definition of the law and the burden of proof the state needed to meet, using a color-coded chart showing the burdens of proof.

He said there was no verbal consent between the victim and the other man to begin with, and that gave way to a “sex without boundaries” environment, adding that nobody said it was a private moment or told Williamson not to come back. He said the victim’s words of “chill,” or “time out” or “I can’t,” don’t mean the same as, “stop,” or “Get out.”

Tracy in rebuttal said the defense’s arguments were shaming and blaming to the victim.

“(What the defense is suggesting) is easy to say, but nearly impossible for her to do in that moment,” Tracy said to the jury. “Focus on his (Williamson’s) conduct and hold him accountable.”

More: Trial for former USD student, athlete accused of attempted rape begins this week

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According to testimony:

One of the women went with the victim around 8 p.m. on Sunday, Oct. 22, 2017, to the residence, where former players Adam Harris, Rambo and Williamson lived. The five went into Harris’ room to watch a movie.

Another of the victim’s friends arrived at the house later and went into the room. Both of the victim’s friends wanted to leave around 11 p.m., but the victim said she wanted to stay. Everybody left Harris’ room except Harris and the victim, according to testimony.

The victim at one point sent a text saying she was going to have consensual sex with one of the men.

During the act, Rambo and Williamson re-entered the room.

Rambo had made sexual contact, according to court documents. Rambo in March pleaded guilty to sexual contact without consent with a person capable of consenting. He was originally charged with one count of second-degree rape. He completed his sentence of 10 days in the county jail. He left the room after the contact and didn’t return.

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Williamson had attempted to get the woman to perform a sex act on him and re-entered the room three times, according to testimony.

Both of the victim’s female friends testified Tuesday that the victim arrived to her home “distraught” and “crying” and told them of the sexual assault.

Both women testified that there was no alcohol involved, but that some marijuana was being used. They testified they didn’t feel their memory was impaired because of the marijuana use.

In a recorded interview with law enforcement about three days after the incident, Williamson denied knowing any women were even in his home, and that he had no idea what the law enforcement officer was talking about. The officer in the interview asked if the incident happened, and Williamson responded, “hell no,” according to the recording.

The victim did not want to open an investigation for fear of backlash from the community, the school population and the football team, according to court documents. Friends of the victim who testified Tuesday morning said they were the first people the victim told of what happened.

Metzgar did not respond to a request for comment.

Tracy in a statement said the Clay County State's Attorney's Office was disappointed with the verdict, but applauded the victim for stepping forward.

"Nothing from this verdict should detract from the courage demonstrated by the young woman who was forced to share private details of her experience through this trial process," Tracy said. "She serves as a beacon of hope for other survivors of sexual assault: You are heard; You are not alone; You are not to blame.”