DA declines to file charges in alleged sex assault UC Berkeley frat house

BERKELEY, Calif. (KGO) -- A sexual assault case at the University of California Berkeley is showing just how tricky it can be to try and crack down on an offense when the only witnesses are the two people involved.

Yesterday morning, Berkeley police came to the Phi Gamma Delta house on the UC campus and arrested a member for allegedly sexually assaulting a female student back in February.

The district attorney's office reviewed the case and declined to file charges.

The incident shows just how tricky these cases can be, since they are built around new state law and university policy that requires both partners to say yes to sex. Students are taught that during freshmen orientation, as well as online. They are also taught about the rules when one party is drunk, high, or passed out.

"They said their consent doesn't count because they are intoxicated," said Alex Freeman, a UC Berkeley student.

Former Stanford swimmer Brock Turner was found guilty last month of sexual assault under similar circumstances. He was accused of assaulting an intoxicated and unconscious young woman outside a fraternity last year.

Sometimes these cases are "he said she said" and female students at UC says sometimes the deck is stacked against them.

"In the past, there's been some level of wanting to protect their reputation more, so hopefully things are changing for the better," said UC Berkeley student Claire Neal.

"Not only are they not doing enough, they are actively trying to cover up how bad it is," said UC Berkeley student Luisa Hoffman.

But it's now university policy too. UC Berkeley's sexual assault policy says, "it is the responsibility of each person to ensure they have the affirmative consent of the other to engage in sexual activity. Lack of protest, lack of resistance, or silence, do not alone constitute consent.