Victim's Family Says DA Offering Accused Rapist No Jail Because It Was 1st Rape

Prosecutors have offered former Baylor University fraternity president Jacob Anderson a sweetheart plea deal.

Waco, TX – A former Baylor University fraternity boy accused of rape will not serve any time behind bars, or have to register as a sex offender, if the judge approves his plea agreement.

"In my nearly 40 years of law practice, I've never seen a sweetheart deal like this before," said the victim’s attorney, Vic Feazell, who has strenuously objected to the plea agreement on his client’s behalf.

“It pays to be rich and white in McLennan County when you’re charged with a crime,” Feazell said.

Jacob Anderson, 24, was indicted on four charges of sexual assault, after he was accused of raping another student at a party of Feb. 21, 2016, KXXV reported.

On Monday, Anderson pleaded “no contest” to the lesser charge of unlawful restraint. In return, the four counts of sexual assault against him would be dismissed.

Anderson would be ordered to serve three years of unadjudicated probation, to pay a $400 fine, and to go to counseling as conditions of his plea agreement, NBC News reported.

"Most traffic tickets are more than that," Feazell complained about Anderson’s proposed fine.

The victim and her parents have expressed outrage at the plea deal, and called on 19th District Court Judge Ralph Strother to reject the prosecutor’s agreement, KTVT reported.

The judge ordered a pre-sentencing investigation and was expected to schedule a sentencing hearing in about six weeks.

"I know the judge in this case, and he’s an honorable man," Feazell said. "I don't know what he's going to do. I want him to think about it, pray about it and do what's right."

His client was in her teens when she was sexually assaulted by the former president of Baylor’s Phi Delta Theta fraternity, according to KTVT.

"This guy violently raped me multiple times, choked me and when I blacked out he dumped me face down on the ground and left me to die," the victim said in a statement Feazell shared with NBC News.

“When I woke up aspirating on my own vomit, my friends immediately took me to the hospital and we reported it to the Waco police, Baylor police and Title IX office,” the victim wrote.

Waco Police Sergeant Patrick Swanton said the victim told investigators she drank some punch she was given at a fraternity party and became disoriented, KXXV reported.

Then the victim said Anderson took her out to an isolated spot in the backyard of the property where he raped her multiple times.

After an investigation, Anderson was arrested, and eventually expelled from Baylor University.

McLennan County District Attorney Abel Reyna has defended the sweetheart plea deal offered to the alleged sexual predator.

“The McLennan County District Attorney’s office is known throughout the state for our aggressive prosecution of sexual assault cases, to say otherwise is simply absurd," Reyna said in a written statement, KWTX reported.

He said the despite the victim believing she was drugged, they don't have evidence to prove that.

The victim’s family pushed back through their attorney.

“This victim was told there was enormous amounts of evidence and a conviction was almost sure. And now two and half years later after living through hell, having the trial delayed a week before it was to occur and then never rescheduled, the DA has decided not to bother even trying to get justice,” the family said in a written statement.

“By agreeing to this plea, Hillary Laborde and the DA’s office have allowed that rape is no longer a crime in Texas,” they wrote, naming the assistant district attorney who offered Anderson the deal.

"We cannot even imagine what is going on in that DA office. Hilary told us she does not think a jury in Waco is ready to convict someone if this was only his first rape," the family said.

“’I have had success in trying college-aged defendants yes, but in retrospect, ONLY when they have multiple victims,’" the family said they were told. "‘In a prior loss of a case with completely different facts she told us, ‘In short, I think this jury was looking for any excuse not to find an innocent looking young defendant guilty. They engaged in a lot of victim blaming.’”

If Strother chooses to reject the plea deal after reviewing the report, Anderson could withdraw his “no contest” plea and the case would likely proceed to trial, the Waco Tribune reported.

The victim and her family want the case to go to trial, according to their attorney.

Baylor University has been under the sexual assault microscope ever since allegations of rape began appearing against members of the school’s football team.

Just as disturbing were allegations that the university had ignored multiple reported rapes and other sexual assaults during a multi-year period.

The NCAA completed its investigation into those allegations and notified Baylor University on Oct. 1, the Fort-Worth Star-Telegram reported.

Among the allegations, a “lack of institutional control” was cited on the part of former football coach Art Briles.

Comments (35)
No. 1-18
RoyC
RoyC

“The McLennan County District Attorney’s office is known throughout the state for our aggressive prosecution of sexual assault cases, to say otherwise is simply absurd," Reyna said in a written statement, KWTX reported."

Bullshit.

LEO0301
LEO0301

It sounds like the DA may have been compensated by the suspects family to offer this type of plea deal.

Hi_estComnDenomn
Hi_estComnDenomn

“It pays to be rich and white in McLennan County when you’re charged with a crime,” Feazell said.

Say it louder for the people in the back.

yelyana
yelyana

"...if only his first rape." Gee, why not let someone off if it is their first robbery, or their first aggravated assault, or their first murder.

JBo
JBo

And a $400 fine to boot? Wow. That's aggressive alright.

CJSpencer
CJSpencer

Maybe the guy should have ridden a motorcycle. That's apparently WAY more serious in Waco than a itty-bitty lil' rape.

Smaugmik
Smaugmik

What in THEE Fμ©kin& Fμ©k! Castration candidate A#1

angeleyes
angeleyes

I've worked for attorneys for over 20 yrs and there are stats that are looked at. Even if it's a downgraded plea agreement it's considered a win, no matter what. The DA should be ashamed of themselves and if the victim's only other option is to civilly sue both the rapist and the college, at least to help offset counseling that is needed. So sorry this happened and continues to happen in schools of all kinds, everywhere.

LordSeamus
LordSeamus

This is what is commonly called a "miscarriage of justice", or more likely, a TRAVESTY of justice. He deserves to be jailed and left out in the general population !

Saron
Saron

This is sickening. The DA should be brought up on charges along with the pos Anderson. There is no normal person that would believe this is appropriate.

Sailor
Sailor

This is nauseating and beyond comprehension that the DA in this case would even have this idea about handling this case. There is something seriously wrong with this DA's thinking and likely his own personal habit/behaviors.

Linus
Linus

If all is true as stated, this is a case where the media needs to jump on and engage to create pressure. I’m beside myself in disbelief

Stanracer
Stanracer

Entitled white guy and bleeding heart, hug-a-thug liberal judge.....bad combination!👎

Rebelreck
Rebelreck

From what I have read, the DA is a real piece of work. Should be in jail, He's under investigation by the FBI, among other problems.

Recon485
Recon485

If Feazel has a problem with it, refuse the terms, go to trial, make your case, and *prove the allegations instead of playing the victim card in the media. “Indictment” is meant to make all of that possible by effectively saying the allegations have enough potential merit to investigate them further, not determine the outcome of that investigation.

retiredcop
retiredcop

Jurors have been predisposed to NOT believe victims of sexual assault over the age of 12 for the last 30 years at least. I actually had a female Grand Juror tell me "teenage girls can't be raped". So I can believe what the DA said about that case she had where the jurors did a lot of victim blaming. However, that does not mean this little punk should get such a sweet deal and further, I think every victim deserves to have their day in court just like defendants do and if she doesn't like the deal (and I can see why she wouldn't) then the prosecutor should go with her wishes.

Pack
Pack

If someone rapes one of my daughters, I hope they don’t get jail time too. Just saying

Yell2017
Yell2017

This is totally a slap in the face to the victim. I am a victim advocate and this just is not right. The victim needs some closer so she can begin to heal and start to move on. Money or not justice should be equal. The judges job is to enforce the law for everyone. This guy should have to register as he will do this again.