An attorney for Austin Scott filed a motion Wednesday in Centre County Court requesting dismissal of the suspended Nittany Lion tailback's rape and assault charges.
John Karoly, Scott's attorney, said the evidence presented is not enough to prove Scott committed the rape, sexual assault, aggravated indecent assault, indecent assault and simple assault for which he was charged in October.
On Oct. 22, a Centre County judge dealt a gag order, barring any public comment on the case from either of the parties involved.
The alleged victim testified that on the early morning of Oct. 5, Scott, 22, of Allentown, picked her up at The Saloon, 101 Hiester St., where she had gone to visit friends. Once Scott arrived, the woman said they walked back to Scott's Nittany Apartments residence.
The woman testified at the preliminary hearing that she was in Scott's bed and woke to him attempting to have intercourse with her. She said she sat up and turned, attempting to get away, and felt a "jolt" near her right kidney after she saw Scott's arm move back. She said she laid back down, scared that Scott would harm her.
"Incredibly, her jeans had somehow been removed without awakening her," Karoly wrote in his motion Wednesday.
Karoly added that the victim's testimony presented "strong evidence of consent, both during the sex acts" and afterward, where he said the woman kissed Scott goodbye.
Before the gag order, Karoly called the victim's testimony "totally unreliable," deeming it an "incredulous story told twice almost precisely four years apart under similar circumstances."
On Oct. 10, 2003, the woman reported to Bethlehem police that she had been raped in a campus dorm by a fellow Moravian College student. The man was charged with rape, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault and simple assault. He was later acquitted of most charges with the remaining charges dropped by the prosecution.
"If Mr. Scott was not who he is, these charges would not be brought," Karoly said in October.
