Charges against CofC students accused of 'gang rape' dismissed
Serious charges have been dismissed against two former College of Charleston fraternity brothers accused of what police described as a cocaine and alcohol-fueled gang rape.
The two men faced a total of seven combined charges in connection to an incident at an August 2016 "bid day" party for the College of Charleston's Alpha Epsilon Pi fraternity.
Solicitor Scarlett Wilson says a judge has dismissed several of the charges after a police officer required to testify at a preliminary hearing this week did not show up. Court records show each man still faces one charge.
Timothy Seppi was originally charged with two counts of sexual exploitation of a minor and one count each of voyeurism and cocaine possession. James West, was originally charged with engaging a minor for sexual performance.
In April 2017, Seppi was additionally charged with assault and battery, while West was hit with an additional charge of criminal sexual conduct.
Court records show only the drug charge against Seppi is still pending, after he pleaded guilty to a different charge. Meanwhile, West still faces the sexual exploitation charge,
Wilson said her office has since reviewed the case to determine if the other charges should be "revived," but determined evidence would not support the claims.
"The remaining charges were and are still being prosecuted by the AG's office," Wilson wrote in a statement to ABC News 4. "The victim has stated that she understood and respects our decision, as has the AG's office."
The former fraternity of the two men, AEPi still faces a civil suit filed in connection to the incident by the victim. The victim, 17 at the time, claims she was forced into a room by Seppi and West, who then forced her to take drugs and perform sexual acts while it was all recorded on a cell phone. Also listed as defendants in the lawsuit are the College of Charleston, the CofC board of trustees and the national office of AEPi fraternity.
The lawsuit accuses the university and both levels of the fraternity of failing to "take proper precautions" in implementing the bid day party. It states that prior to the incident the university and fraternity were on notice that policies, procedures and training methods to provide a "safe and secure environment" were needed. It goes on to state injuries sustained by the victim were the result of "negligence, gross negligence, recklessness, willfulness and wantonness."
Check back with ABC News 4 as we continue to follow this story.