Former USC linebackers Osa Masina and Don Hill will not be criminally prosecuted in Los Angeles for sexual assault, the Los Angeles County District Attorney’s office said Tuesday.
Masina and Hill were suspended from the football team in September after a woman claimed that they forced intercourse. The woman said she was in a state where she had no control over her body.
Masina argued that the act was consensual and that Hill did not have sex with the victim.
The Los Angeles County District Attorney’s office stated in a release on Tuesday that there is “insufficient evidence” to prove that the victim was unable to legally consent.
This is due to the delay between the incident and the report by the victim, meaning that there is no physical evidence or toxicology reports.
Hill is cleared of charges, as there is no evidence of any subsequent instances of assault.
Masina, on the other hand, will still stand trial in Salt Lake City for allegedly sexually assaulting the same 19-year-old woman in Utah two weeks after she said she was assaulted in Los Angeles.
The alleged victim and Masina attended the same party in their mutual hometown of Salt Lake City in July.
After consuming alcohol and illicit substances, the woman said she fell asleep in the basement of the house and awoke to Masina raping her.
Masina will face first-degree rape and forced sodomy charges at the trial, which is scheduled for June 26.