by Jeremy Hunt
Daily Lobo
Student James Anaya, a member of UNM's Sigma Alpha Epsilon chapter, was arrested Friday on charges of raping a female student at the fraternity's house.
Lt. Pat Davis, UNM Police spokesman, said Anaya was charged with first degree criminal sexual penetration.
Anaya pleaded not guilty at his arraignment on Friday, said Rudy Chavez, Anaya's lawyer.
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Anaya posted a $1,000 bond on Friday, according to Bernalillo County Metropolitan Court records.
Matt Houston, president of the fraternity, said the incident has nothing to do with the organization.
"No one is looking into the fraternity for any wrongdoing," Houston said.
Houston said Anaya moved out of the house after the incident. He has been put on "nonprejudicial administrative leave" and has no chapter responsibilities or affiliation, Houston said.
Police records state that the woman was intoxicated when she left her residence around 2 a.m. on Oct. 1 and went to the Sigma Alpha Epsilon fraternity house to meet friends.
The records state there was no alcohol present at the fraternity.
Multiple witnesses reported that the woman was intoxicated, and Anaya did not appear to be intoxicated, according to police records.
Anaya invited the woman to his bedroom to watch a movie, according to the records.
The woman reported that she passed out in Anaya's bed and awakened to being sexually assaulted by him.
She passed out a second time while being assaulted and again woke up to being sexually assaulted by Anaya, according to the police
records.
She became sick, so Anaya and another member of the fraternity took her to the bathroom so she could vomit, the records state.
According to the records, the two fraternity members took the woman back to Anaya's room and told her to get dressed, because she could not stay at the fraternity house.
They drove her back to her home and left her there, according to the records.
The woman and two witnesses went to the UNM Police Department on Oct. 2 and filed a report.
Chavez called Detective Hector Terrazas, who was in charge of the investigation, on Oct. 3 and stated the sex between Anaya and the woman was consensual.
The woman was examined by nurses, who determined her body had injuries indicative of sexual assault, according to the records.
Chavez said he expects Anaya will be found not guilty.
"I look forward to having my client fully exonerated for these false charges," he said.
Randy Boeglin, dean of students, said the University contacted the woman to let her know of services UNM offers to victims of rape. UNM informed the woman of her option to file a report against the fraternity,
Boeglin said.
The University will not send a letter charging the fraternity with a code of conduct violation unless the woman files a report with the Dean of Students Office,
Boeglin said.
She has not filed such a report.
Sigma Alpha Epsilon's national headquarters did not return calls on Friday.
Editor's note:
The Daily Lobo does not publish accusers' names in stories that deal with sexual assault because research has shown that people are less likely to come forward with reports of sexual assault if they know their name will be in the media
