A man indicted on two counts of sexual assault of a Baylor University student acknowledged multiple times the alleged victim was intoxicated, which precludes her ability to consent to sex, according to an affidavit.
Dontrell Lee Hullett, 20, has been indicted on two counts of sexual assault for an alleged Oct. 20, 2013, incident at a Baylor dorm. Hullett was arrested Nov. 7, 2013, and indicted March 19, 2014.
Earlier this month, the alleged victim, who is a Baylor student, told the Tribune-Herald her grades plummeted after her assault and that police blamed her for the assault, saying it would not have happened if she had not been drinking.
Though the woman has published blog posts about the alleged assault that are viewable by the public, and identified herself for a previous Tribune-Herald story, she asked not to be identified for this story, saying in an email that “I do not want my name tied to his.”
It is normal policy for the Tribune-Herald not to name sexual assault victims unless they come forward publicly.
In a blog post published Friday, the student references an upcoming trial. According to a courthouse official, the trial is pending in 19th State District Court on the second announcement docket, though a tentative trial date has not been set.
According to an affidavit in the case, Baylor investigator Brent Howell interviewed Hullett four days after the alleged assault. A Baylor police officer had previously taken a statement from the woman on the day of the alleged assault.
Hullett acknowledged multiple times in the interview that the alleged victim had been drinking and was intoxicated, according to the affidavit. At one point, he said she “was drunk and invited him to her room.” He also said that after a party Hullett and the woman attended, he went to a restaurant with the alleged victim and another male and female, but the group didn’t go inside to eat because the alleged victim was drunk. Hullett told Howell the woman had two beers and three lemonades that were mixed with some type of alcohol, according to the affidavit.
The investigator said he had seen video of the four people entering the residence hall after the party and asked Hullett why three of them, including Hullett and the alleged victim, went in the back door of the dorm. Hullett answered that it was because men aren’t allowed in the residence hall after a certain hour and the victim was drunk, according to the document.
“Hullett went on to say the victim was not acting in the right state of mind,” Howell wrote in the document.
When Howell later asked if a sexual act occurred, Hullett said, “most definitely,” the affidavit states.
Howell then explained to Hullett that she could not give consent while intoxicated, and Hullett said that made sense to him.
“Hullett then tried explaining that the victim was not that drunk because she could walk on her own and walk up the stairs,” the affidavit states. “Then within seconds, Hullett was explaining that they went to McDonald’s before going back to the room and the reason they didn’t go inside to eat was because of how ‘drunk’ the victim was.”
Hullett, who Baylor spokeswoman Lori Fogleman said has never been a student at Baylor, enrolled in Bacone College in Mus-kogee, Oklahoma, for the spring 2014 semester, according to Bacone College spokeswoman Wendy Burton. She said he was also a student at the college for the fall 2015 semester, but the school did not allow him to re-enroll this semester. Hullett spent time on Bacone’s wrestling team.
Hullett’s lawyer, Clement Pink of Houston-based Walter J. Pink & Associates, P.C., did not respond to phone messages left Tuesday and Wednesday.
As Baylor faces accusations of mishandling sexual assault cases, the alleged victim in this case is one of two people who have recently come forward with stories of how the school botched their cases.
A third student said at a Feb. 8 prayer service following a candlelight vigil for sexual assault survivors that she reported a sexual assault she suffered in May 2014 to the Title IX office earlier the day of the vigil.
In a recent ESPN report, multiple women claimed they were raped by a former Baylor football player and the university did not effectively respond. The former player, Tevin Elliott, was convicted on two counts of sexual assault in 2014 and sentenced to 20 years in prison.
In August 2015, former Baylor football player Sam Ukwuachu was convicted of sexually assaulting another former Baylor athlete on Oct. 20, 2013, the same night Hullett is accused of sexually assaulting a woman.
Stemming from controversy involving how Baylor handled the victim’s outcry, the university hired Philadelphia-based law firm Pepper Hamilton LLP to investigate the issue. President Ken Starr has indicated he will determine how best to release findings of the investigation.