UPDATE: The Orleans Parish district attorney’s office will not prosecute former Loyola student Dylan Rosevear, who was arrested and booked on charges of simple rape in October 2010.

See the story here: https://www.loyolamaroon.com/da-declines-to-pursue-charges-against-rosevear-1.2515729

The New Orleans Police Department arrested and booked a Loyola student on charges of simple rape earlier this month.

Police arrested Dylan Rosevear, music performance senior, on Oct. 15 after police say he raped a woman following a Tulane fraternity party.

According to the police report, Rosevear and the victim attended a cocktail party at the Sigma Chi Fraternity house. The victim became intoxicated at the party and one of her friends asked Rosevear to bring her home, due to her intoxication, the report said. The victim woke up nude with Rosevear, also nude, lying next to her in her bed, kissing her on the neck the following morning.

Police said the victim asked Rosevear what happened, which he told her they engaged in sexual intercourse the previous night and showed her a condom on the floor. The victim said she told Rosevear she did not remember anything, and he left, the report said.

After that, the victim contacted her friend and asked how drunk she was when Rosevear brought her home.

“Smashed,” the report said the friend responded. Rosevear, who is still attending classes, and his lawyer declined to comment on the matter. Loyola Student Affairs and University Counseling Center also declined to comment on whether they would take disciplinary action against Rosevear.

“If she is intoxicated to a level where she can’t function, that’s rape,” said Lt. Paul Noel of the NOPD Sex Crimes Unit.

Noel said a rape kit was used in the investigation and no date rape drugs were involved, to his knowledge.

Noel does not believe Rosevear took the victim out to get her intoxicated, but he also said that it is irrelevant as far as the law goes.

Rosevear was released after posting a $10,000 bail. Rosevear’s first appearance hearing in magistrate court will be Dec. 15.

Precious Esie can be reached at [email protected]