Criminal Defense Attorney Brad Koffel appeared on a recent episode of the
Joel Riley Podcast on WTVN Radio to discuss the high-profile case of two
former Ohio State football players charged with rape and kidnapping in
The two Ohio State defensive backs, both 21 and soon-to-be seniors, were
arrested early Wednesday on felony rape and kidnapping charges over an
alleged incident in a Columbus apartment on February 4, 2020.
Shortly after the arrests, Ohio State Coach Ryan Day dismissed both players,
both of whom maintain they were wrongfully accused. According to criminal
complaints filed in municipal court, the alleged incident began when one
player and the accuser were having consensual sex, and escalated when
the player asked if the other could join. The affidavit noted the men
recorded themselves asking the accuser to say the encounter was consensual
during the incident.
As WTVN Legal Analyst, Attorney Koffel answers Riley’s questions
about the charges,
sex crimes, and what’s to come in the impending criminal case. As Koffel tells
Riley, the players are facing charges for kidnapping, a common allegation
in forcible rape cases, because there are allegations the players forcibly
restrained the victim to engage in sexual activity against her will.
Koffel goes on to discuss three key pieces of what he call a “campus
rape case” –cases which involve
high school and college students and the likelihood that alcohol consumption and intoxication affected
the parties’ judgment. Per Koffel, these include:
- No Means No: The alleged victim told authorities the incident began as a consensual
encounter with one player, but that she did not consent to the encounter
involving the second player. Because the accuser retracted consent when
the incident escalated, which is not very common in these cases, it may
add to her credibility.
- Presumed Innocent: Koffel reiterates that as criminal defendants, both players are innocent
until proven guilty, and that the public does not know exactly what happened
during the night and incident in question.
- Consent in Real Time: In terms of consent, Koffel notes it’s reasonable for young men
to express their intention to have a sexual encounter in writing by sending
a text message in near-real time, not yesterday nor moments after. The
video recording asking for consent may become an issue for the defendants.
As felonies, the charges carry substantial prison sentences and potential
lifetime sex offender registration. Both players will likely be indicted
in the coming weeks, and it will remain to be seen how long the case will
take, and whether the players will voice their sides of the story.
Brad Koffel is an award-winning DUI and criminal defense attorney and Managing Partner
at Koffel Brininger Nesbitt. The host of “For the Defense,”
Koffel also serves as a Legal Analyst for WTVN Radio and shows like the
Joel Riley Podcast.