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De Anza College Rape Case Headed To Civil Court

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(CBS)

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SAN JOSE (KCBS) – Nearly four years after a teen alleged a group of De Anza College baseball players gang raped her at a party, she is finally getting her day in court, albeit not in a criminal courtroom.

The young woman has moved away from the area and had a child, but attorney Jim Hammer said she is still seeking justice. Hammer represents three De Anza female soccer players, who pulled the girl from a locked bedroom the night of the party.

“It’s a very tense time. It’s reliving what they saw that night as they walked into the room and saw this young girl on the floor, so drunk she could barely say her name and covered with vomit,” he said.

KCBS’ Tim Ryan Reports:

Hammer suggests that not all of the evidence taken from the bedroom had been tested for DNA during the criminal investigation.

“I hope that that evidence is eventually all tested to see where it leads because if they can find biological evidence linking one of the men and actually proving who raped her, that would be a huge breakthrough,” said Hammer. “I don’t know if that’s been done yet, but I think the new DA is being sworn in next week.”

Hammer said he expects jury selection in the civil case to begin within a week or two. The San Jose Mercury News reports that the eight defendants rejected a civil settlement of more than $9 million last week.

(© 2011 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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