Affidavit: Alleged victim initiated contact with Shawn Oakman

AP

Former Baylor defensive lineman Shawn Oakman finds himself in a very difficult position with the draft approaching, accused of sexual assault but having no practical way to clear his name before the selection process ends. If he’s guilty, his name should never be cleared; he should face the consequences, whatever they may be. However, some documents generated in connection with the investigation show that his defense may have a chance to persuade a jury in his favor.

Affidavits executed in connection with the issuance of search warrants, copies of which have been obtained by PFT, state that the alleged victim was at a bar named Scuffy Murphy’s, and that she initiated contact with Oakman by sending him text messages. Oakman met her there, and after the bar closed they went to his residence.

According to the affidavit, Oakman allegedly forced the alleged victim into his bedroom, forcibly removed her clothing, forced her onto the bed, and sexually assaulted her.

Oakman has told police that any sexual activity was consensual. Multiple sources with knowledge of the situation tell PFT that Oakman and the alleged victim had a pre-existing relationship — as confirmed by the fact that she texted him first that night.

Initiating first contact isn’t and will never be a defense to sexual assault. But it frames the case as something that will turn largely on the testimony of the alleged victim and Oakman, with no other witnesses to whatever happened between them. Physical evidence obtained from Oakman’s apartment and proof regarding any injuries to the alleged victim could push the jury in the direction of a conviction.

Still, the bar in criminal cases remains very high. The circumstances based on the information currently known show that Oakman has a defense that can be presented with a straight face and a realistic hope of securing an acquittal on the pending charges.

As to the charges, there technically are none, yet. Oakman has been arrested, and the case is expected to eventually be presented to a grand jury. In the interim, Oakman’s draft stock surely will be damaged; some think he won’t even be drafted.

If he’s not drafted, Oakman would become a free agent. He still may not be cleared any time soon, if ever. If a jury accepts the testimony of the alleged victim and any other evidence suggesting guilt, Oakman will be convicted of a felony, and his football career will be indefinitely delayed if not permanently ended. As it should be.

Either way, Oakman deserves a speedy trial. But even the speediest trial won’t ensure an acquittal before the draft.

13 responses to “Affidavit: Alleged victim initiated contact with Shawn Oakman

  1. If he is acquitted and he plummeted in the draft, he should sue her for damages.

    Any man who rapes a woman should be in jail. That said, there are way too many women who cry rape when nothing of the sort happened and those women should be subject to the same sentence the man would get. Outside of drugs/alcohol it would be very difficult to rape a woman without leaving some sort of obvious signs. Regret does not equate to sexual assault.

    I am in no way saying that every woman (or even most) who says she was assaulted wasn’t. The laws are skewed. Victim rights laws, while needed sometimes to support true victims and encourage them to take action, are written under the premise that the accused is guilty. In many jurisdictions a woman is not legally capable of consent if she is intoxicated. Therefore, any unwanted sexual act that happened while she was drunk can be prosecuted as sexual assault. That sounds good on the surface but those same laws completely disregard the male in the same condition. A drunk woman can’t consent but somehow a drunk man can flawlessly evaluate the sobriety of the woman and determine if her consent, willingness or even outright aggressiveness is legal to act upon or not. In all cases, common sense must be used instead of the assumptions and stigmas that are thrown at both sides in these disputes.

  2. Regardless of the how this case unfolds, when it comes to next week, Oakman is totally undraftable. Best case scenario for him is he eventually gets cleared of all charges and signs as a undrafted FA.

    More than reasonable chance he never plays a down in the NFL.

  3. ” Regret does not equate to sexual assault.”

    Or even anger. You can have an off and on thing and that happens because x pissed off y so y gets back with rape. People are very selfish.

  4. This incident on its face leaves room for doubt. But when you take into consideration his “history” of off field issues and the fact that Bill O’brien dumped him from the team at Penn state in 2012. Well as they say where there’s smoke there’s fire.
    I agree with those that have said he will never play a down of professional football. The league already has enough Greg Hardy type personalities.

    But then again , all he needs is one team to say hmmmm, “he is talented”. “We can control his issues”.
    So he’ll probably be a Cowboy.

  5. Maybe I’m just getting old but can these kids seriously not keep themselves out of compromising situations for just a few months when an NFL paycheck is at stake? This is the time of year when GMs are looking for any reason to take guys off their boards and things like this make those decisions a lot easier. For Oakman in particular I see employment as a bouncer or bodyguard in his future because outside of being big and built, he appears to have no marketable skills.

  6. With every new piece of information that comes out he sounds less guilty. Now we know she knew him well enough to have his phone number, stocked him with a message, plied him with drinks at a bar, went to his bedroom, took off her earrings and left them behind. Apparently, she is a gold digger looking for a payday. I would draft him. This court case has no legs. I doubt it is prosecuted.

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