After weeks of investigation, a paternity test ultimately led to the arrest of Perrish Cox.
The victim in a sexual assault case against Cox found out she was pregnant 10 weeks after the alleged attack, and it took a court order to determine which of three Denver Broncos players was responsible. The victim, who was not named in court documents, said she felt she might have been drugged because her memory was foggy after a night of partying at Club Beta in Denver.
Three Denver Broncos players — Demaryius Thomas, Cassius Vaughn and Cox — were present at the Crest Apartments in Lone Tree, where the alleged assault took place Sept. 5, 2010. Thomas and Vaughn were not charged.
The victim awoke and “felt right away that something was wrong” and recalled that Cox and Vaughn suggested several times that she take a shower, the arrest affidavit said.
She visited the hospital and was told she would have to pay $500 for a rape exam unless she filed a police report.
When she asked Thomas the next day via text message about what happened, he said she passed out and he went home. The victim and Thomas had been engaged in a sexual situation when she reportedly passed out, the document says.
Thomas and Vaughn later agreed to a DNA test that exonerated them of any wrongdoing. Cox refused to submit to the test after initially being shown the court order, telling a deputy, “No, I don’t want nothing to do with that at all.”
After being told that Cox was the father of the baby, the victim was shocked because she thought Thomas was the father. A friend who was out with the victim that night and was dating Cox at the time later told police she felt she was drugged. She became sick and passed out in Cox’s bathroom the night of the alleged assault.
Attorneys for Cox repeatedly tried to suppress the release of court documents for fear it could taint the jury pool. An order by the Colorado Supreme Court allowed Douglas County District Court Judge Paul King to release the arrest affidavit July 22. Cox's trial is scheduled to begin Oct. 16.
The Colorado Department of Public Safety issued a news release July 26 saying the victim should not have been asked to pay $500 to cover the cost of the forensic examination because of a law passed in 2008.
"Due at least partially to the cost, the victim declined to get a forensic examination on the day after the attack when she sought medical attention. She was not provided with an exam, according to court documents, because she initially declined to file a police report," the release said.
The victim later decided to participate in the investigation, and an arrest warrant was issued for the alleged attacker in December 2010.
"Victims of sexual assault should never be asked to pay for a forensic examination, even if the victim does not immediately decide to pursue charges,"said Nancy Feldman, director of the Office for Victims Programs in the Colorado Division of Criminal Justice. "That's the reason this law was passed, and the division of criminal justice diligently tries to educate citizens, agencies in the criminal justice system and health care professionals."
The cost of the forensic examination is covered by the investigating law enforcement agency. A fund administered by the Division of Criminal Justice covers the cost of the forensic exam in situations when the victim does not want to immediately have law enforcement involved.