Man accused of raping fellow USU student makes first appearance in court

LOGAN — The 20-year-old Utah State University student and fraternity member who is accused of raping a fellow student on Old Main Hill, made his first appearance in court on sex assault charges.

Scott R. Simmons was arraigned in 1st District Court Monday afternoon. He was charged last week with rape, a first-degree felony, and forcible sexual abuse, a second-degree felony.

Prosecutors allege that Simmons met the then-18-year-old woman in September 2015, during a party that was being thrown by the Sigma Phi Epsilon fraternity. Afterwards, the two walked to the amphitheater, on Old Main Hill where he began taking her clothes off and raping her.

Police spoke to Simmons while investigating the assault. After first denying the allegations, he later admitted to it, blaming his actions on being a “horny freshman” and the victim being intoxicated. He later wrote an apology letter that said in part, “What happened was my fault, you were intoxicated and could not consent. I took advantage of you when I should not have.”

During Monday’s court appearance, defense attorney Clayton Simms asked the court to schedule a preliminary hearing, where Judge Kevin Allen will determine if Simmons will be bound over to stand trial on both charges. The hearing was set for August 29.

Judge Allen also ordered Simmons to not have any contact with the alleged victim in the case, after prosecutors agreed to recall a warrant for the defendant’s arrest.

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