Women in IU rape cases 'shocked' at plea deal, families say
The families of two women who accused former Indiana University student John Enochs of rape are blasting the prosecutor's handing of the cases, adding that their daughters were "shocked" to learn the man pleaded guilty to a lesser charge that requires no jail time.
The comments come from a statement released Thursday through an attorney who represents one of the women.
"These last few days have been extremely painful and frustrating for our daughters," the statement says. "As with all victims of sexual assault, it took tremendous strength and courage for them to come forward."
Both women were students. IndyStar does not typically identify victims or alleged victims of sexual crimes.
In their joint statement, the families say the Monroe County prosecutor's office failed to inform them that a plea agreement was possible. They say their daughters were "resolute" the case would be heard by a jury.
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The statement reads in part:
"Our daughters were in frequent contact with the prosecuting attorneys throughout the criminal litigation process. They both fully cooperated with everything that was asked of them. They were never told a plea agreement was even being discussed with Mr. Enochs’ attorneys. They were shocked to learn the charges in one case had been dismissed and an insignificant plea had been reached in the other case. They learned of these outcomes not from the prosecuting attorneys, but second-hand. It was only when we contacted the prosecuting attorneys that we were told."
Enochs, of Downers Grove, Ill., was charged with two counts of rape last September for incidents alleged to have happened in 2013 and 2015. He spent one day in jail in connection with the cases, a stint served after he was arrested and before he posted bail. His felony battery charge — which he pleaded to while his two rape charges were dismissed — was later reduced by a Monroe County judge to a misdemeanor. Enochs was sentenced to a year of probation.
In an interview earlier this week with IndyStar, Monroe County Chief Deputy Prosecuting Attorney Bob Miller said there was not enough evidence to secure rape convictions.
Miller responded to the families' statement Thursday, saying the prosecutor's office tried to talk with both women before the plea deal was reached.
"We made numerous attempts to communicate with the victim from the 2015 case in the month preceding the plea without success. In the days prior to the plea we also attempted to contact the victim in the dismissed case without success," Miller said in a statement. "We proceeded with the plea because we were under a deadline.”
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Katharine Liell, the attorney who represents Enochs, has called the rape charges "sensationalized and false."
The statement released by the families of the women also calls Miller's recent public comments about the case "troubling." It says Miller "presents the evidence only in a light most favorable to Mr. Enochs."
"While we will not discuss specifics of the evidence in either case, the prosecutor’s statement fails to mention many critical pieces that we believe a jury would have relied upon to render a guilty verdict," the statement reads. "Ultimately we conclude that the prosecuting attorney released that statement in an attempt to save face when confronted with the type of intense scrutiny our daughters have faced with they decided to come forward."
It is unclear which evidence the statement is referencing. Miller told IndyStar that evidence in both cases was inconclusive.
The woman from the 2013 case said she had been drinking heavily and did not remember the incident. She also did not go to a hospital until several days after the alleged assault happened, leading to a lack of physical evidence. Photographs also surfaced from just before the alleged attack that brought into question claims that the woman could not consent to sex.
A rape kit examination performed on the woman who brought the 2015 allegation, meanwhile, showed she had a torn labia, but it could not be proven that Enochs caused the injury. And Miller said while Enochs’ DNA was found on the woman’s body, it wasn’t enough for a rape conviction, adding that Enochs said sex between the two had been consensual.
DNA from two other men also was found on the woman, which is evidence that Enochs' attorney said was omitted from the probable cause.
"That's a huge difference," Liell said. "You can't just pick and choose what you present to the court."
But Jeff Herman, the attorney who represents the woman in the 2015 case, called comments about other DNA "disappointing."
"It amounts to nothing more than victim shaming," he said. "The only relevant question is whether the accused perpetrator’s DNA is present. Both of these young women should be applauded for their bravery in coming forward.”
The woman from the 2015 case is suing Indiana University in federal court, claiming officials knew of an earlier sexual assault accusation against Enochs but failed to take any action.
The lawsuit also names the Beta Alpha Shelter of Delta Tau Delta Fraternity, of which Enochs was a member, and its umbrella organization, Fishers-based Delta Tau Delta, as defendants. It was filed on June 16, a week before Enochs was sentenced to probation.
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IndyStar reporter Kristine Guerra contributed to this story.
Call IndyStar reporter Jill Disis at (317) 444-6137. Follow her on Twitter: @jdisis.