ORLANDO, Fla. — One of the men accused in what a deputy's report said was a gang rape at a UCF-area party bonded out of jail Wednesday afternoon after posting $5,000 bond.
- 2nd man accused in UCF-area sexual battery bonds out
- Alpha Tau Omega says it supports the woman in case
- David Kirk was expelled from ATO in January, fraternity says
- RELATED: UCF fraternity suspended after off-campus party gang-rape allegations
"I am 100 percent innocent of these charges, and I know that truth will prevail," said UCF student David Kirk, as he walked out of the Orange County Jail with his parents.
"These situations can be very embarrassing, when you act promiscuous, and you are found out and you are worried that your reputation is at stake, you will say or do anything to get yourself out of that situation, and unfortunately this could mean ruining the lives of two innocent individuals," said Ken Lewis, Kirk's attorney.
Kirk, 20, made a first appearance before a judge at the jail earlier Wednesday. He's ordered not to have contact with the woman or with Jack Ryan Smith, 26, another man facing sexual battery charges in the case.
In an Orange County Sheriff's arrest report, Kirk and Smith are accused of sexually battering a woman he met at a drunken off-campus party Friday night.
The woman told deputies at Florida Hospital East the next morning that she was intoxicated and doesn't remember everything that happened at the party on Fiske Circle. But she told deputies she remembers fading in and out of consciousness, awaking at one point during the incident in shock at what was happening to her.
The university immediately suspended Alpha Tau Omega fraternity for violating several conduct rules, including furnishing alcohol to underage and noticeably intoxicated people.
The party was not sanctioned by the fraternity, but of the about 250 people in attendance, about a dozen were ATO members, a fraternity national director said in a statement. An undergraduate ATO member who knows the woman encouraged her to call police, the statement said.
Five ATO members rent the home where the party took place.
Kirk is a former member and was expelled in January, the fraternity confirmed, and Smith was not a member.
"Alpha Tau Omega supports the woman alleging sexual assault at a UCF party, and the fraternity will work with university and local authorities in their investigation," ATO said in the statement.
Some students on campus were outraged.
"Anytime anyone comes to you with allegations that they have been sexually abused or sexually assaulted, you need to take that person very seriously and make sure that they are OK and determine what to do next with whoever is being accused," William Norris said.