Below is the real story and why the DA had evidentiary issues.
K. B. is no longer an “alleged victim of sexual assault”. She wasn’t a victim September 2017 and certainly is not a victim now. K.B. was not forced to accept the plea agreement. She chose to accept the offer as recommended to her by the Commonwealth.
Nicholas Washington never asked for a plea agreement and was prepared to go to trial. The unsolicited offer was submitted to Mr. Washington’s by the District Attorney’s Office, days before trial was to begin. The Commonwealth encouraged K.B. to accept the plea because her unsubstantiated claims were simply incredible and the evidence did not support her story.
It was idea to go back to the dorm room, with the intent to have consensual sex. It was K.B. who told the police she never said no.
K. B. did not want to expose herself to the truth in open court so she read her victim impact statement, knowing she would not be subject to cross examination. That cross examination would have included questions regarding her own statements on the night of the incident. It would have included statements she gave to the police, which were stipulated to by the prosecution, that Mr. Washington was innocent of the allegations and had done nothing wrong.
Whether you are a prosecuting attorney or a defense attorney, we are all bound by certain ethical duties. As a prosecutor those duties include, refraining from prosecuting a charge that the prosecutor knows is not supported by probable cause. If there had been probable cause, there would have been absolutely no reason to withdraw the charges. Had the Commonwealth believed her story, that alone could have provided support to proceed in the prosecution. Had this case proceeded to trial it would have been clear that Ms. Battin fabricated her story. It would have been abundantly clear that what she alleged was completely false.
If the justice system failed, it failed Nick Washington. For 18 months his life was put on hold. Between the time of the allegation and the day conveying an offer nothing had changed. Probable cause to support the charges never existed.
Mr. Washington pleaded guilty to a disorderly conduct, which is the lowest level, non-sexually related misdemeanor in Pennsylvania. Mr. Washington pleaded guilty despite his innocence, only due to the inherent risks of going to trial as a young black man.