Injuries detected during a pelvic exam of a Baylor University freshman who alleged she was sexually assaulted by a former Baylor University football player likely were not caused by consensual sex, a nurse testified Tuesday.
The nurse and a Waco police officer opened prosecution testimony in the sexual assault trial of former Baylor defensive end Tevin Elliott.
Elliott, 22, who transferred to the University of Central Arkansas after he was suspended by Baylor head coach Art Briles, is on trial on two counts of sexual assault in Waco’s 54th State District Court.
In opening statements, prosecutor Hilary LaBorde told the jury of nine women and three men that the student made their job easier because she reported the alleged assault immediately and had a prompt medical examination by a sexual assault nurse examiner.
Defense attorney Jason P. Darling deferred his opening statement. But he said after Elliott was indicted in August 2012 that he had consensual sex with the woman and that her allegations are not true. LaBorde, who is prosecuting the case with Robert Moody, told jurors that the sexual assault occurred at a party in April 2012 at the Aspen Heights East apartment complex on South Third Street.
She said the young college student had never met Elliott before but she knew a woman who had been dating him. She had come to the party with a group of friends and went outside to look for them because she wanted to leave, LaBorde said.
The girl reported that Elliott grabbed her by the arm and led her to an area near a pool house, where he sexually assaulted her. The woman said she resisted and told him no. She said the assault occurred on muddy ground, adding that the woman’s body and clothing had mud and other debris on them when she got to the hospital.
Elliott then took her to another area of the complex and assaulted her again, LaBorde said. The woman returned to the party and told a friend that she had been sexually assaulted. The friend drove her to the hospital, LaBorde said.
LaBorde said the woman was traumatized by the incident, left Baylor and returned home.
Michelle Davis, a nurse who specializes in sexual assault examinations, said the woman was angry at the hospital and would not allow her to complete the entire examination because she reported the assault made it too painful.
Evidence of pain, redness, irritation and bruising during the pelvic exam makes it “possible but very unlikely” that those things were caused by consensual sex, Davis said, adding they are more indicative of an assault and “penetrating trauma.”
Prosecution testimony will resume Wednesday morning.
Elliott signed with Baylor in 2009 out of Mount Pleasant High School in northeast Texas. He returned a fumble for an 86-yard touchdown against Iowa State in 2011.