Prosecutors plan to charge University of Montana quarterback Jordan Johnson with raping an acquaintance in February after she invited him to her room to watch a movie.
Missoula County Assistant Chief Deputy Attorney Suzy Boylan filed documents in state court late Tuesday afternoon asking a judge to determine whether there is probable cause to proceed with a charge of sexual intercourse without consent against Johnson.
Boylan said in the documents that bail has not been set and that Johnson's attorney has assured prosecutors that the quarterback will appear voluntarily when summoned.
Johnson has previously denied the allegation. Attorney David Paoli released a statement Tuesday that said Johnson and his family "are surprised and saddened" by the timing of the criminal charge, since the encounter took place in February and police have been aware of the allegation since the woman, another student, filed a report six weeks later.
"Jordan strongly maintains his innocence and looks forward to the opportunity to prove his innocence at trial, clear his name and return to pursuing his education," Paoli said in the statement.
According to Boylan's court documents, Johnson and the female student have known each other since 2010 and they began texting each other regularly in December 2011.
On February 4, they decided to watch a movie together in the woman's room. He then kissed her, pulled her on top of him and tried to take off her shirt, according to the court documents.
When she resisted, he became aggressive, pulled her clothes off and raped her, Boylan wrote in the documents. Afterward, the woman sent a text to her roommate in the next room that said, "Omg ... I think I might have just gotten raped."
"She has sought counseling and has shown signs of depression, panic and Post-Traumatic Stress Disorder consistent with Rape Trauma Syndrome," Boylan wrote.
Boylan added that Johnson said it was consensual sex and that he broke off communications with her afterward because he liked another woman and didn't want that woman to be upset if she knew he had sex with the alleged victim.