A sophomore withdrew from the University Thursday after being arrested for the alleged second-degree rape and first-degree kidnapping of a fellow student.
Eric Irons, a 19-year-old from Hong Kong, was arrested by Duke Police and taken into custody Wednesday. He was charged and released the same day on a $75,000 bond, according to court records. A district court date has been set for Nov. 9.
Irons allegedly assaulted a female student at a party on Central Campus April 17, according to the probable cause affadavit, part of the application for a search warrant submitted by the Duke University Police Department. Several witnesses described the alleged victim as “very intoxicated” at the party, according to the affadavit. The next day, the alleged victim went to the Duke University Medical Center’s Emergency Department, where a sexual assault kit was used.
Michael Schoenfeld, vice president for public affairs and government relations, wrote in an e-mail that the DUPD investigation was conducted in a “timely manner,” but the incident was not included in the initial DUPD crime log to protect the alleged victim, avoid jeopardizing the investigation and prevent the destruction of evidence. He added that DUPD has the right to not report incidents in special cases, such as during ongoing investigations.
DUPD submitted a search warrant application to the magistrate Sept. 7 to procure DNA swabs from Irons and samples of his head and pubic hair, saliva and blood. The evidence was collected by DUPD and Emergency Department workers Sept. 8, according to the search warrant.
“The University’s principal concern is for the health and safety of the victim and the members of the Duke community,” Schoenfeld wrote. “We take reports of sexual assault very seriously and, through DUPD and other services available on campus, work to ensure that the rights of victims and those under investigation are respected and protected.”
Irons declined to comment and referred questions to Durham lawyer Bill Thomas, who could not be reached.
According to the affadavit, Irons admitted in “a subsequent interview” that he engaged in sexual conduct with the alleged victim but denied having sexual intercourse.
According to state statutes, second-degree rape is defined as vaginal intercourse “by force and against the will of the other person.” First-degree kidnapping is the unlawful confining, restraining or removal of a person from one place to another, the result being that “the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted,” the statutes state.
Schoenfeld referred questions about the prosecution of the case to the district attorney’s office, which could not immediately be reached for comment.
Student Affairs officials have been in contact with Irons and his parents, Schoenfeld said.
Dean of Students Sue Wasiolek said she cannot comment on ongoing criminal cases involving students, but she said the University considers each incident of this nature with great care.
“It’s a difficult balance to strike whenever we are attempting to preserve the rights and the safety of both the students that are involved in the cases and the rest of the community,” she said. “That is something that we take very seriously.”
Editor's Note: The Chronicle has disabled the comments on this story due to the sensitive nature of the article.
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