Winston-Salem, NC -- More details have surfaced regarding a sexual assault claim being made against a Wake Forest basketball player.
According to case documents, a former Wake Forest student alleges that an assault took place in a hotel bathroom in Miami in March 2009. The team was staying at the hotel during the NCAA tournament.
The documents state that about a week after the alleged assault, the "victim" told her friend what had happened. A police report was filed about 2 1/2 weeks after the incident. Investigators determined at that point, there was no physical evidence to corroborate her statements.
Police interviewed the subject that was named in the report. He said that he did engage in sexual relations with the victim, but it was consensual.
The Miami-Dade prosecutors office determined that they would not file criminal charges in the case for several reasons. Those reasons include the fact it was a one-on-one allegation, there was a delay in filing the report, and there was no physical evidence or a corroborating witness.
WFMY News 2 is choosing not to release the name of the player or the victim since no charges were ever filed.
The woman that filed the report plans on presenting her story on NBC's The Today Show Thursday morning.
Local prosecutors say the delay in any sexual assault case can make prosecution difficult.
"If something that serious has been done to them, it needs to be prosecuted and they need to facilitate that by contacting law enforcement at the earliest opportunity," said Al Hubbard, Guilford Count Assistant District Attorney.
Any delay in reporting a sex assault hampers the ability to obtain physical evidence. Hubbard says the case then becomes a "he said, she said" situation that typically doesn't lead to any criminal charges which can frustrates victims.
Susan Weiss with Family Service of the Piedmont said the frustration of no prosecution may causes some to find other ways to cope, like speaking out publicly.
"If it's true I can get assaulted and don't have any evidence about getting assaulted," said Weiss. "There's absolutely no justice for me and I'll still go to school with my assailant and I'm potentially going to see my assailant on T-V at professional basketball games...I can't feel safe."
WFMY News 2/WFU