NASHVILLE, Tenn. – Defense attorneys for a former Vanderbilt football player accused of encouraging his teammates to rape an unconscious coed will get a chance to have their say in closing arguments Tuesday morning.
There is no dispute that Brandon Vandenburg did not have sex or penetrate the 21-year-old student. But the question jurors will have to decide is whether he can be held responsible for something two of his teammates are accused of doing. Jurors may also consider whether he was so intoxicated that he could not have formed the intent to commit the crime.
Prosecutors have argued that Vandenburg encouraged three other players to commit the sexual assault and he should be held responsible. They have also said the only reason he didn’t have sex with her was because he couldn’t perform.
Vandenburg and Cory Batey are facing trial this week. Two other players have been charged in the case but have yet to go to trial. All four are charged with five counts of aggravated rape and two counts of aggravated sexual battery. Additionally, Vandenburg is charged with tampering with evidence and unlawful photography. All four players have pleaded not guilty.
The alleged victim in the case testified that Vandenburg plied her with alcohol at a Nashville night spot and the last thing she remembers is waking up alone in a strange dorm room and feeling sick. She said she still has no memory of what happened to her.