SALT LAKE CITY (News4Utah) – A Utah Valley University wrestler was charged with rape Monday but never was booked for the crime.
Now advocates of sexual assault victims are calling this move another example that prosecutors don’t seem to care for alleged victims.
Dayton Racer received a summons after he was charged with the first-degree felony. That decision was made by the Wasatch County Attorney’s Office, according to a deputy who investigated the case.
The county attorney’s office did not return calls from News4Utah. A former prosecutor said a summons for a first-degree felony rarely happens.
“A summons is normally reserved for a traffic offense or a non-violent offense,” said Kent Morgan, now a criminal defense attorney. “First-degree felonies normally always have an arrest warrant. A summons is very, very unusual.”
Torrey Green, a former NFL player and Utah State University football standout was immediately jailed after he was accused of rape back in 2016. Records also show that a juvenile accused of the same type of crime was taken to juvenile detention after he faced charges.
But not Racer, a wrestler for Utah Valley University. But he was suspended by the school.
“He was suspended from the team today. We are aware of the allegations, but can’t comment on a pending investigation.”
According to charging documents, the two met at a music festival in Wasatch County. It happened in June and according to charges, she was raped in a tent.
For now, Racer remains a free man but will have to appear in court on November 8. But his status has advocates upset.
“It makes absolutely no sense,” said Laurie Hofmann, a board member with the Utah Coalition Against Sexual Assault. “I think the victim is probably terrified and she’s probably wondering why the judicial system and the prosecutor are failing her.”
Racer’s attorney, Susanne Gustin, said they intend to prove his innocence.