State College Borough Municipal Building

The State College Borough Municipal Building on Monday, Sept. 14, 2020 in State College, Pa.

On Tuesday, a criminal complaint was filed accusing former Penn State student Brian James Loeper of raping a woman on Aug. 26, 2021, between the hours of 10:35 p.m and approximately 4 a.m.

The incident allegedly occurred in Earle Hall located in East Halls.

The survivor attended a party in Atherton Hall and became "extremely intoxicated," according to the affidavit of probable cause, and requested her roommate and she go back to her dorm room to sleep.

The survivor and her roommate then walked back to their room with Loeper, arriving at Earle Hall at 10:35 p.m, the affidavit said.

According to an interview with her roommate and another witness, Loeper did not appear to have consumed much alcohol that night and did not appear intoxicated.

Once inside of the dorm room, Loeper allegedly stated he would care for the woman, according to interviews included in the affidavit, and the roommate left a short time later to go to another party.

The roommate of the woman returned to the dorm room at 3:49 a.m. to find Loeper still awake in her bed. The roommate noted that this was “odd” given the time of night and the fact that the woman remained asleep in bed, according to the affidavit.

The survivor recalled that, following the party, she was the most intoxicated she had ever been, according to the affidavit, and witness interviews and video from the roommate established she was extremely intoxicated when she left the party.

According to videos taken by Loeper, the woman's speech was slurred, her movements were uncoordinated and she fell over from a seated position at one point, according to the affidavit.

The next morning, the survivor recalled waking up and seeing Loeper exit her dorm room. She also noticed she was wearing different shorts than she had worn the night before, according to the affidavit.

Video surveillance showed Loeper exiting Earle Hall and entering Hastings Hall at 7:30 a.m., wearing the same shorts the woman had worn the night before, the affidavit said.

The survivor reported experiencing pain in and around her vagina, as well as significant pain when urinating, according to the affidavit.

Following the incident, Loeper allegedly sent Snapchat videos to the woman, who saved the videos.

The following day, Aug. 27, the woman asked a mutual friend to ask Loeper if he had sex with her, according to the affidavit, and Loeper denied the allegation to the witness, according to the complaint.

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On that same day at 10:40 p.m., the survivor texted Loeper, and Loeper acknowledged engaging in sexual intercourse with her by replying, “Yeah, we did a little.”

On Oct. 14 of the same year, Detective Robert Ruggiero prepared and executed a search warrant on Loeper’s dorm room — located at 401 Hastings Hall — during which the detective seized his phone.

Ruggiero attempted to interview Loeper, who consented to a search form that granted permission for Ruggiero, Penn State University Police and Public Safety and the Criminal Investigations Unit to search the phone for evidence.

The following day, Oct. 15, Detective Andrew Stager conducted a cell phone forensic data extraction and analysis on the phone, according to the affidavit.

Items saved for evidence as a result of this search included multiple images and videos depicting unconscious individuals and a conversation about Loeper being accused of raping other individuals.

Additionally, videos depicting the woman either asleep or unconscious where Loeper utilized a stuffed animal to simulate sex acts and made references to the survivor's proximity to his penis were found in the search.

The search also resulted in the discovery of text message history between Loeper and the woman in which Loeper acknowledged that he raped her, as well as a text conversation illustrating Loeper’s acknowledgement and concern that a University Park-issed Timely Warning was broadcast regarding a rape that took place “at the exact time and day,” and he stated, “It’s very scary Monday right now.”

Finally, the search found internet search terms typed by Loeper after receiving the Timely Warning notification regarding the rape that illustrated consciousness of guilt, according to the affidavit.

Some of the searches were “Sexual assault charges in PA,” “Second degree felony,” “Can you get probation for a second degree felony in pa,” “Acquaintance rape sentencing pa,” “Are you allowed to stay on campus after a sexual assault,” “How high are the rape rates in prison,” “Forcible sex offense known” and “Timely warnings university police.”

According to the affidavit, an administrative investigation and hearing conducted by the Penn State Office of Student Conduct and the Office of Sexual Misconduct Prevention and Response was held and the final determination resulted in Loeper being found responsible for his actions and ultimately expelled from the university.

A criminal complaint was signed by Magisterial District Judge Casey M. McClain, requesting that a warrant of arrest or a summons be issued for Loeper.

Loeper was charged with rape of an unconscious victim, sexual assault, aggravated indecent assault without consent and indecent assault without consent of other. His unsecured bail was set at $50,000, and a preliminary hearing is set for June 22 at 11 a.m.

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