Attempted Rape Complaint Without Arrest Of Former 49er C.J. Spillman Baffles Legal Experts
SANTA CLARA (KPIX 5) – A 21-page police report obtained by KPIX 5 reveals significant details about allegations of attempted rape against former San Francisco 49ers safety C.J. Spillman, causing legal experts to question the district attorney's decision not to press charges.
The massage therapist making the accusations has now acquired high-profile defense attorney Gloria Allred. In an interview with KPIX 5, Allred said her client would be willing to talk to the National Football League as part of their investigation.
SEXUAL ASSAULT INVESTIGATION: Massage Therapist Claims Ex-49er Tried To Force Her To Perform Sex Act
The lengthy report details the alleged incident last December. Santa Clara Police investigated the incident, but no charges were ever filed.
"This is an extremely disturbing report obviously," said KPIX 5 legal analyst Melissa Griffin Caen, who read the police report and couldn't figure out why the case against Spillman was dropped.
"This is absolutely baffling. This is the definition of probable cause. If there is a reason why they didn't arrest this man, they need to come forth and explain it," Griffin Caen said.
No one from the Santa Clara County District Attorney's Office would comment on camera, but a spokesperson said an "insufficiency of evidence" was the reason why District Attorney Jeff Rosen did not prosecute.
"Any first year law student would look at this and say absolutely there are grounds for arrest in this report," Griffin Caen said.
The report said Spillman tried to have sex with the woman in a therapy room, but she refused saying, "No, that stuff doesn't happen in here." It goes on to say that Spillman got on top of the woman and tried to force her to have oral sex. The woman eventually escaped and called police the next day.
Spillman did not deny there was an encounter, but told police it was consensual.
"They're always more difficult to prosecute. It's one of the reasons why victims are reluctant to come forward. But in this case we have a victim who told four people a credible and consistent story and a perpetrator who doesn't deny that he did it. He just denies that it was unwelcome," Griffin Caen said.
The woman in the case has reportedly hired famous defense attorney Gloria Allred.
After being cut by the 49ers, Spillman is now playing for the Dallas Cowboys.
Spillman is also facing an investigation into an alleged sexual assault at a Cowboys team hotel in September. The team has allowed him to play pending charges in that case.