INDIANAPOLIS -- She’s frustrated, hurt and now for the first time, talking publicly about what she says is clear injustice.
Marion Zerfoss, now a senior at Indiana University, claims she was violated by a man who will not face any criminal charges.
She has tried to stay out of the limelight for the past year - sharing her story only with close friends and family, the university and her legal team - but after learning her alleged attacker will not face charges, she wants her voice to be heard.
“It was my roommate’s 21st birthday and everyone was pre-gaming to go to a bar…” said Zerfoss, “…I became extremely intoxicated, was falling over, and couldn’t speak well …He stated he had a test in the morning, wasn’t drinking, and he had no problem watching me.”
The Monroe County Prosecutor’s Office has pursued her case for nearly a year. But now, just months after a new sex crimes deputy prosecutor has stepped in, they have chosen to stop pursuing charges against the fellow student who Zerfoss says raped her, Aaron Farrer.
RTV6 has confirmed that the prosecutor’s office says there isn’t enough evidence to pursue the case.
Indiana University held a hearing on the allegations and Farrer was eventually expelled.
Zerfoss said she has texts from Farrer apologizing to her that were sent the day after the alleged attack.
Zerfoss says her case may be over – because she can’t imagine trying to take on a civil suit - but on behalf of other students and other possible victims, she wants it to be known that what happened to her isn’t right.
“I think too often the burden of shame is placed on the victim and I’m sick of that,” said Zerfoss. “I think he needs to hold some shame, and be held accountable for this and I don’t want anyone else’s case to be mistreated like my case was.”
Aaron Farrer has maintained his innocence, saying in a statement that he has lost everything due to what he calls “false allegations.”
He said he filed a complaint after he was arrested against Zerfoss in connection with that night to prove that she should have been charged with the same offense as him.
Aaron Farrer’s attorney sent us the following statement from him:
On September 29th, 2015 I learned that a complaint had been filed with Indiana University falsely accusing me of sexual assault on the night of September 24th, 2015. That night, I had consensual sex with another student after we had both been drinking. As adults, we were both responsible for our actions. I took responsibility for my own. She, instead, made the accusation of sexual assault. I did not sexually assault her.
Ten days later she filed a complaint with the Bloomington Police Department because she saw me walk by her house in Army combat uniform on the way to represent our military in raising the flag at an IU football game. She was mad that I was still around and had not “been taken care of” by Indiana University.
Before these allegations were levied against me, I had worked very hard to be accepted to Indiana University. I had no way to pay for college as I come from a blue collar family. I developed a plan to join the military and apply to the police cadet program and ROTC at IU. The benefits from these programs allowed me the privilege of a higher education - the means to fulfill my dreams. When the accusation was made, I lost everything. I was arrested and charged - my face and name plastered all over the media. I was unfairly expelled from Indiana University, placed on leave from ROTC, and lost my job as a police cadet at Indiana University. I have been punished emotionally and financially more than I could have ever planned for.
The fallout of these circumstances did not end with me. My friends and family have all suffered the same distresses I have and I am truly sorry for what those I love have gone through for me. I thank them whole heartedly for the unwavering support I have been shown. I, along with my family, have had to come up with money we did not have for my defense, and have had to make many new and sudden accommodations as my college life has been put on hold, if not cancelled.
I had fought hard to get to Indiana University, so I was going to fight just as hard against the false accusation against me. Even though it was extremely hard to do, I walked into the same Police Department that had just arrested me and filed my own complaint against this woman. I did this not in retaliation against her, but in defense, to prove that given the circumstances, she should have been charged with the same offense as me. I also filed a complaint with the IU Police Department about a separate incident of sexual harassment she committed against me that occurred on September 12th at another IU football game. My claims that night were substantiated by two police officers who did not know me, but witnessed everything. I also filed complaints with Indiana University about both incidents. Even though I was supposed to have the same rights as my accuser, my voice was never heard.
Throughout this ordeal, I have maintained that I would take no plea agreement, as I knew our judicial system would find the truth. I cooperated with the Monroe County Prosecutor’s office at all times and encouraged the office to review the facts of my case and to watch the footage of the interviews the Bloomington Police Department conducted. After a close review of the facts, the Prosecutor’s Office dismissed the charge against me without prejudice.
Despite the dismissal of this charge, I have had to live with the stigma of a false rape allegation for the last year and am trying desperately to overcome the damage that was done. While my fight for justice is far from over, it begins here.
