UNMPD detectives are investigating an allegation of a criminal sexual penetration that occurred at a fraternity house late last month — the third sexual assault of its kind reported to campus police this academic year.
“That (case) is still under active investigation,” said UNM Police Department Lt. Michael Omtvedt.
He added that investigations into the two other reports of criminal sexual penetration, one in September and the other in February, are closed.
The alleged assault took place at the Sigma Alpha Epsilon fraternity house. According to the UNM police report the victim was taken to the fraternity house by an unidentified male where she was assaulted and battered between 2 and 5:30 a.m., Feb. 28.
The report states that the man pinned the victim’s arms down to the bed they were lying on and assaulted her.
Sigma Alpha Epsilon President Joe Garcia did not return a Daily Lobo phone message left at his fraternity house Monday.
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The police report regarding the alleged assault was filed at the UNMPD station March 3.
Omtvedt would not say if the victim was a UNM student, but did say that the person who reported the incident was.
“When we have a report of this serious of a nature, we like to get them solved as soon as possible,” Omtvedt said, adding that the case is considered a priority for the department.
The first instance of reported criminal sexual penetration this year was an alleged assault that took place Sept. 28. It was investigated by campus police detectives and forwarded to the district attorney’s office for review but was rejected by prosecutors because of a lack of evidence to substantiate the victim’s claims.
Hilda Leo, a paralegal working in the Violent Crimes Division of the district attorney’s office, said prosecutors rejected the case and officially closed it on Jan. 22.
Campus police have also closed their investigation into the case because there is no more physical evidence to collect.
“As far as I know, the case is closed and we are not going to investigate it further,” Omtvedt said. “There simply isn’t enough evidence to make the accusation stick.”
He added that the personal property of the victim, three pieces of clothing, had been taken into evidence and have been returned.
The year’s second case of a criminal sexual penetration was reported when police discovered a 14 year-old-girl and a 21 year-old-man having sex in a car near the Science and Technology Park on Feb. 8.
In that case, police said the district attorney’s office decided not to prosecute because the man was apparently unaware of the girl’s age.
