Charges dropped against Florida students accused of gang rape

The charges were dropped against Jack Ryan Smith, left, and David Anthony Kirk.

(Orange County Jail)

The charges were dropped Thursday against two of the University of Central Florida students who were accused of the gang-rape of a woman at a frat party.

David Anthony Kirk, 20, and Jack Ryan Smith, 26, were faced with serious jail time after being arrested back in April for sexual battery.

The Alpha Tau Omega fraternity brothers were at an off-campus party house for a throwdown known as the “Meat Factory” when the alleged abuse occurred, according to the police report.

The victim claimed that she had a lot to drink, when Smith and Kirk took her into a bedroom and began raping her. She told the police she heard one of them say: “My turn, my turn,” as they forced her to oral sex and other acts against her will.

Kirk and Smith were arrested a few days later, after an ATO member found out about the alleged rape, and encouraged the woman to contact the authorities.

The prosecutor, however, had not presented enough evidence to pursue charges, and officially has decided the case Thursday. The Orange-Osceola State Attorney’s Office filed a notice saying it was “not suitable for prosecution,” but provided no other details.

Kirk and Smith had all those weeks that they were innocent and that the alleged victim was just shy because she was caught having sex with two boys.

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