A sexual assault accusation against a Superior man running for the Montana Legislature led to a permanent hold on his student registration at the University of Montana four years ago, and the alleged victim has come forward to tell her story about the 2008 incident.

Nicholas Schwaderer, a Republican running for House District 14 west of Missoula, was never charged in connection with the incident, which was reported by the then-21-year-old woman to Missoula authorities, who declined to prosecute. He adamantly denies “any allegation of sexual misconduct or sexual assault,” and he has threatened legal action against anyone making “slanderous statements” against him.

Yet the woman, Laura Williams, who teaches high school math outside Montana, told the Missoulian that she decided to come forward because she doesn’t think Schwaderer should be elected or be in a position of authority.

“This is not someone who should have power over other people,” Williams said. “He has had power over me for the better part of four years. ... My life will never be the same because of what he did.”

***

When first reached by phone earlier this summer about the allegation that he sexually assaulted Williams on her 21st birthday, Schwaderer passed the phone to his mother, Marlys Schwaderer.

Marlys Schwaderer, who declined to comment on his behalf, said the family needed to call lawyers before making a statement. In an email with the subject line “Regarding Ms. Williams,” Nicholas Schwaderer responded.

“I adamantly deny any allegation of sexual misconduct or sexual assault against this individual,” Nicholas Schwaderer wrote. “In 2008 this case was fully investigated by the Missoula Police Department and I cooperated fully, I provided them with a complete statement of the events of that night. After a full investigation was completed, no charges were filed.

“If this individual attempts to make these slanderous statements that I in any way sexually assaulted her it will be my intention to use any and all legal recourse possible against her and any other responsible party.”

Schwaderer initially declined requests for interviews, but he took the story of Williams’ allegations to the Mineral Independent after being contacted by the Missoulian. He later agreed to answer written questions from the Missoulian via his lawyer, Lance Jasper.

“It is important to note that following these allegations by Ms. Williams, no criminal charges were ever filed,” wrote Jasper in part of the written response. “Likewise, at no time did she pursue a civil claim against Mr. Schwaderer. To raise the allegations now, four years later, makes her motive highly suspect.”

Missoula County Attorney Fred Van Valkenburg said his office declined to prosecute because the case lacked proof. Deputy County Attorney Shawn Thomas, who made the decision, referred questions back to Van Valkenburg, who added that disclosing details would mean discussing “the alleged victim’s own conduct.”

“Both the police and the county attorney’s office concluded that it would be impossible to prove that there was any non-consensual sex that occurred,” Van Valkenburg said.

The detective assigned to the case declined, through police spokesman Travis Welsh, to comment.

***

Williams, however, is coming forward despite the lack of charges and threat of legal action. She said her motivation is not political and she has no ties to the Montana Democratic Party; rather, the UM graduate said she does not believe someone of Schwaderer’s character should hold public office.

“There is nothing I gain by this becoming public,” Williams wrote in an email. “I have no ‘angle.’ In fact, this could potentially hurt my career, my security, and hypothetically, my emotional health.”

Earlier this year, Williams tried to quietly dissuade Schwaderer from running for the Legislature. She told her story to the chairman of the Montana Republican Party because she hoped he would discourage Schwaderer from seeking office, Williams said.

“When the Republican chairman and I finally did connect, I told him my story. He did not believe me. He asked me repeatedly if I would be going to the media,” Williams said. “At the time, I was unsure because I didn’t want to drag my name through the mud and bring this all up again.”

State GOP chairman Will Deschamps did not respond to multiple messages left on his voicemail over the course of a month about the allegations against Schwaderer.

When she contacted the Missoulian, Williams provided documents related to the July 2008 incident, including her signed statement to the UM Dean of Students; the medical exam conducted by First STEP, the sexual assault response program of St. Patrick Hospital; the police report, which contained sexually explicit details, but did not result in charges; and temporary restraining orders approved by then-Municipal Judge Donald Louden.

In 2008, Schwaderer offered to be the designated driver for Williams on her 21st birthday after another friend decided she didn’t want to drive, according to her statement to UM and two friends interviewed about the evening. Williams said that months earlier, she told Schwaderer their friendship had become too emotionally intimate, and she didn’t want to date him; he was offended, she said.

The night of her birthday, Williams drank at least 13 drinks from 8 p.m. to 1:30 a.m., and she became “extremely drunk,” according to her statement, her account in the police report, and interviews with the two girlfriends who attended her birthday party.

Her girlfriends helped her into Schwaderer’s car, so he could take her home to her dorm room, said Williams and her friends. When she first woke up around 6:30 a.m., she was drunk and groggy and injured on parts of her body, including her upper inner thighs and face, according to Williams’ account; friends confirmed her injuries.

She later confronted Schwaderer, according to her statement: “He claimed he ‘didn’t know’ I was drunk, that it had been five hours, and that he ‘wanted to make my birthday special.’ ”

In statements, Schwaderer’s attorney offered a different account and denied Schwaderer made the above statements: “Mr. Schwaderer did not believe that Ms. Williams was ‘highly intoxicated,’ ” wrote Jasper, quoting a portion of the question. “He maintains, as he has all along, that the sexual encounter that they had was fully consensual and that Ms. Williams was, in fact, the instigator of all sexual contact. It should be pointed out that no sexual intercourse occurred and Ms. Williams is fully aware of this fact.”

In an email, Williams countered: “He admitted to the police that he stuck things inside of me (that constitutes rape)!”

Jasper also said that Williams invited Schwaderer to her dorm room and asked him to stay, and he explained one of her injuries, her facial injury: “While kissing in the dark, Ms. Williams’ and Mr. Schwaderer’s heads bumped. This gave her a bloody nose, which Mr. Schwaderer helped her treat. After the bleeding stopped, Ms. Williams re-initiated sexual activity with Mr. Schwaderer.”

***

Williams herself is not able to clearly recollect the events that took place in the early morning hours of July 7 in her dorm room.

Because of her bruises, fear and reclusive behavior following her birthday, friends and a cousin convinced Williams to go to the Student Assault Resource Center, or SARC, at the University of Montana. A Curry Health Center nurse encouraged her to go to First STEP, Williams said, and she provided the Missoulian a copy of the July 10 medical exam, which documented her injuries.

Williams met with a police detective and wanted to move ahead with prosecution, but charges were never filed: “Because I was unconscious when it happened, nobody could confirm it was non-consensual,” Williams said in the interview. “The prosecutor ... decided to drop it and not pursue it any further because he felt it wasn’t a strong case.”

Two friends interviewed for this story noted Williams was in no state of mind to consent to sex on the night of her birthday: “In my mind, what it comes down to is how drunk she was,” said Emily Tutvedt, who was at the party and said in hindsight the group was “naive” to think anyone should drink so much. “You could ask probably everybody who was there that night whether they thought she was capable of consenting. I think it would be unanimous. She couldn’t even stand up. It took two of us to get her into his car, one under each arm.”

The Missoulian requested an assessment of Williams’ blood alcohol concentration from the Society of Toxicologists. Based on her height, weight and a list of drinks and food she consumed that evening, Jim Klaunig, a professor at the University of Indiana, offered the following rough estimates via a Society spokeswoman:

• 2 a.m., around .22 to .27, “considerably intoxicated”;

•  6 a.m., around .16 to .21, “still intoxicated”;

• Noon, .07 to .13, still intoxicated.

At 0.21 BAC, impairments include blackouts and loss of consciousness, according to information posted online from the University of Rochester’s health promotion office.

***

After her visit to SARC, Williams took action in Missoula Municipal Court. On July 14, 2008, she requested a temporary order of protection because of “sexual intercourse without consent,” again outlining events on the night of her birthday, according to a court document.

Municipal Judge Donald Louden granted it: “The court finds from the petition that the Petitioner is in danger of harm,” reads the rote statement.

The judge later ordered a subsequent order of protection through the remainder of the school year to “continue in full force and effect until Tuesday, July 14, 2009, at 12:00 noon.” Both parties stipulated Schwaderer would remain off campus with the exception of specific football games named in the court document.

“Respondent shall not enter any other buildings on the University of Montana campus without prior arrangements through legal counsel and Respondent will leave the campus promptly after the game is over,” reads the court document signed by Judge Louden.

Schwaderer voluntarily agreed to the order, wrote his lawyer. Joint stipulations are a common way to resolve contested issues, he said, and “it is in no way to be construed as an admission of guilt on Mr. Schwaderer’s part.”

Williams also filed a complaint against Schwaderer with the UM Dean of Students, then Charles Couture, who investigated allegations of misconduct. Subsequently, Williams said Couture “felt very strongly” there was enough evidence to warrant an expulsion, and he started that process.

In her statement, Williams said Couture had promised to help her: “He kept telling me how brave I was. I don’t feel very brave. I feel frightened of everything. Nick was someone I trusted, someone I had confided in. ... No one deserves to ever go through this, even if they are drunk.”

Former Dean Couture declined to comment on the case. He said alleged misconduct records are educational records protected by the Family Educational Rights and Privacy Act.

In an email to Williams, UM’s Lucy France in the Equal Opportunity and Affirmative Action Office shared the outcome of the case: “It appears from the records that the Dean of Students placed a hold on the individual’s future registration at UM in August 2008,” France wrote in an August 2012 email; in a follow-up note, she told Williams the hold is “permanent.”

When Williams asked for further information, France wrote the following: “The Dean of Students sent the student his letter that he was being investigated under the student conduct code in July 2008. The student sent a response in July. He registered for Fall 2008, but at some point he withdrew before the semester began. The Dean of Students never heard from him again, so the Dean of Students placed the permanent hold on his registration.”

Current Dean of Students Rhondie Voorhees handles disciplinary holds but could not comment on the particulars of this case. However, Voorhees, who started in July, said a hold flags a student’s file if the individual attempts to re-register in the future. UM would either choose to not readmit an individual with a permanent disciplinary hold or it would allow the person to apply and make arrangements to settle any misconduct procedures.

Voorhees is new as dean but does not know of UM having lifted such holds: “I’m not aware of that occurring.”

According to his lawyer and his campaign Facebook page, Schwaderer successfully completed a law degree from Plymouth University in England in May 2012. When reached in the telephone call, Marlys Schwaderer denied her son left UM because he faced expulsion proceedings.

In the subsequent written interview, Jasper said Schwaderer’s main motivation for leaving UM was the lack of financial aid due to his academic performance and also the “false allegations made by Ms. Williams.” Plus, he said, Schwaderer always wanted to study abroad, so he worked, saved money and began his studies at Plymouth in fall 2009.

Reporter Keila Szpaller can be reached at @KeilaSzpaller, 523-5262, keila.szpaller@missoulian.com or on MissoulaRedTape.com.

(72) comments

montananamama
montananamama

The link to the forum I mentioned is here: http://www.youtube.com/watch?v=kuf08zOIuO0&list=UUqjpv7zEieDOmoBdpiVoMPQ&index=2&feature=plcp

montananamama
montananamama

How do you feel about a legislator that hands the phone to his mom when faced with a challenging question? Doesn't inspire a lot of confidence.
Especially since -- at the only "meet the candidates" forum held thus far in the race--Schwaderer was represented by a surrogate because he was out of the country. The surrogate? Yep. His MOM.

jdog64_98
jdog64_98

What an amazing display of ignorance.

Roger, let me run a couple scenarios by you and we'll see if you can get this through your head.

1. By law, an obviously intoxicated (in this case unconscious) woman is unable to to consent to sex, regardless of sexual agression. Rape or not rape?

2. By law, a 15 year old girl is unable to consent to sex (even if she is looks thirty, dresses like a hooker, and throws herself at you). Rape or not rape?

3. How about a 12 year old girl? 10 years old? 8? Where do you draw the line.

You need to understand Mr. Schwaderer's admission to consensual sex is still rape because the victim was unable to consent. He admitted there was sex, therefore there was rape. I have a feeling this is a lesson you already learned the hard way. Pretty shameful.

Rachel4021
Rachel4021

Okay, I've got to say something here... Almost every post I've read have made Nick come off as some sort of monster. I've known Nick since I was 4 years old and graduated high school with him, and I can sincerely say that Nick is no monster. I'm not calling the girl in this questionable situation a liar by any means... but I do believe that bringing this situation out of the woodwork after 4 years just before his big chance (the election) is wrong. Nick Schwaderer has worked for everything he has ever gotten... and he has worked hard... He may have had a lack of judgement that night, but have you ever met Nick? He's not exactly Romeo (no offense Nick) Trying to put myself inside his head, I'm almost sure that he thought she had a change of heart... nothing criminal in mind. Just my guess. Also, when it comes to his crude statements (Angry Vaginas, I think it was) That is Nick trying to be funny... and that funny is what used to drive me crazy in school... it's annoying but harmless. Montanans would be lucky to have Nick in office because he does work hard, cares about his community / state, and just for the record, Nick and I weren't extremely close in school (Even though we went to a small school) I want it very clear that I am writing this because I have faith and believe in the ability that Nick has. He has drive and motivation.. and can move mountains. You've got my vote Nick.

bluepastry
bluepastry

okay, it would be great if politicians would take polygraphs.......just take a polygraph......his comments about a woman's body parts that he posted in Missoulian is reason enough not to vote for him, yes, i am a republican.

i will vote for independent candidate....

montananamama
montananamama

Note: In the accompanying article ("Schwaderer faces two opponents") there is a DIRECT QUOTE from the candidate that he has seen some "angry vaginas" in his life, along with some other demeaning statements that are totally inappropriate coming from anyone -- let alone someone supposedly committed to public service and seeking public office.

MontanaGirl11
MontanaGirl11

http://www.vp-mi.com/news/article_b4791896-0c29-11e2-ab45-0019bb2963f4.html This is the link to the article in the Mineral Independent that was published WEEKS before this article was. So for those of you that believe Mr. Schwaderer didn’t get out ahead of this mess, he did. (It’s not his fault the Missoulian is so slow.) In the article he states that he wants to get the details out there. Why would he want that to happen if he was hiding something? Ms. Williams has the power to waive her right to privacy and to allow the detective to talk about the case, but she has yet to do so? Hmmm. Always remember there are TWO sides to every story.

old farmer
old farmer

Is this guy related to Bill Clinton? Jennifer Flowers tried to file rape charges on Clinton while while he was governor .

independent mind
independent mind

We as a society need to take a look at the messages we give to young males on what is acceptable and what is exploitive actions that could ruin their lives if they engage in it.
If this girl started driving a vehicle and harmed or violated anyone else because of her drunkeness she would no doubt be responsible for her choice to drink in the first place.
Just as a drunk individual cannot harm or violate another so it is that no drunk individual can be consciously harmed or violated because they are an easy target.
Unfortunately men have gotten the message that if a girl comes on to them it doesn't matter if she is in her right mind or not take advantage of it. Fast!
It doesn't matter if she basically has the mind of a child in her drunkeness it is still ok to exploit the situation. After all she is the one initiating... all the guy is doing is being agreeable.
Right??
I suspect a lot of men, this guy included, doesn't view this as rape or any real type of violation. After all she chose to get drunk... so its her fault, right?? Fair game??

Our courts need to be better equipped to handle these types of cases.
Because the victim is in and out of unconsciousness she isn't going to remember everything that happened.
But that should not mean that a jury cannot convict based on the bruising evidence and the statements by the perpetrator.
However since a lot of men are not aware that this is an exploitive sexual violation there needs to be a lot more warning and education on the issue starting in highschools and then colleges. Parents need to be much more proactive in letting their sons know that this is a crime. Do it and it will ruin your life. It will come back to haunt you forever.
I'm not sure this guy should have his life ruined for his ignorance and/or stupidity until we as a society are sure we all are aware that just because someone is drunk doesn't give anyone else a free pass to exploit the situation.
Apparently this girl did everything she could do to get some accountability but both the county attorneys office and the university tried to do the least possible while protecting their image.
Maybe Missoula does have a problem.


JaneDough
JaneDough

And if both parties are drunk? Can a man cry rape?

If a man is drunk, and a woman is sober, do you think he will get to file rape charges?

I'm going to vote for this guy simply because he's getting screwed by the media.

independent mind
independent mind

If both are drunk, in the eyes of the law, each illegally violated the other.
Both could be viewed as culpable.
However men and women tend to view these situations differently.
Guys tend to see it as "getting lucky" for themselves, drunk or not.
Girls tend to see it as a violation.

MT_Mama
MT_Mama

To everyone who is saying "Why didn't she report it at the time?," READ THE STORY! She did everything she could! Fred "I Don't Wanna Prosecute Rape" Van Valkenburg let it pass, as he did so many other rape charges. There's a reason his office and the University of Montana are under investigation. I'm also struck by the immaturity of Schwaderer. He gets a call about the incident and he hands the phone to his Mommy? Sheesh. Also, in the print version of the article (don't see it in the online version) he sure finds a lot of creative euphemisms for "I'm unemployed." And finally, what is this Plymouth University law degree? How could he not have money to study at UM yet have money to go abroad? Or is it just one of those diploma mills???

ds
ds

That's the kinda person the MT GOP seems to like, though. Sigh. Oh for the days of the intelligent Republicans. But in today's political atmosphere, the Pachyderms would rather have a stupid, immature scumbucket than someone like Eisenhower.

jntcsmith
jntcsmith

Notwithstanding the consent issue and suspect behavior on his part, I have some questions about this issue.
First the GOP chairman. Why would the chairman not dig a little deeper on this? Wouldn't it make sense to to dissuade someone with these issues of morality to not run for public office?
Secondly it seems that Mr. S. has issues with the truth. Is he an attorney? Has he actually passed the bar exam or even taken it? It sounds to me like he takes liberties with the truth and I for one do not think we need any more politicians who twist the truth AND have issues with personal morality.
And finally, there's the issues of this young man's maturity level. Is he really mature enough to hold office? What life experience has he really had besides college and moving back home with his parents? What experience does he have out in the world without his mother taking his phone calls?
I am shocked and saddened that the Republican party would support a candidate with all these issues. The most upsetting of which is that he believes he was within his rights to commit sex acts with a woman unable to consent. And by the way, his blog comments are disgusting and show not only a lack of maturity but also a general disregard for women! I sincerely hope that House District 14 voters will consider these issues despite the fact that charges were not filed against Mr. S.

C Wick
C Wick

Long winded report on a sob story from a co-ed who made her own poor decisions and wants to unload her own feelings of remorse onto someone else.

Bass Whacker
Bass Whacker

"The Missoulian requested an assessment of Williams’ blood alcohol concentration from the Society of Toxicologists. Based on her height, weight and a list of drinks and food she consumed that evening, Jim Klaunig, a professor at the University of Indiana, offered the following rough estimates via a Society spokeswoman:

• 2 a.m., around .22 to .27, “considerably intoxicated”;

• 6 a.m., around .16 to .21, “still intoxicated”;

• Noon, .07 to .13, still intoxicated."

OK, 4 years after the fact we have a non-scientific "estimate" based on four year-old memories about how many drinks a woman had when everyone now reprorting was getting drunk. No BAC tests of any kind which establishes actual level exist. Do any of you realize now why this type of baseless manufactured guessing is never allowed as evidence in a court proceeding? Because it is not fact or evidence. Another Missoulian hatchet job to support the objective of the hit piece to prove a guy guilty when no evidence did so at the time.
She also claims she has no memory of events. How convenient. But it measn she can't contest that she was the sexual aggressor at all times. And it's a fact he didn't have intercourse with her. Sounds like her friends and those she went to for help, helped her write a crime in her head which didn't happen. All the evidence does suggest is that yes, she's a victim, but of her friends and SARC, not this guy.

The_Boneshackler
The_Boneshackler

He is a Republican. He probably did not consider it a 'legitimate' rape.

MontanaNative1ed7
MontanaNative1ed7

"I am over women still being silent about rape, because they are made to believe it's their fault or they did something to make it happen.

I am over violence against women not being a #1 international priority when one out of three women will be raped or beaten in her lifetime -- the destruction and muting and undermining of women is the destruction of life itself.

No women, no future, duh.

I am over this rape culture where the privileged with political and physical and economic might, take what and who they want, when they want it, as much as they want, any time they want it.

I am over the endless resurrection of the careers of rapists and sexual exploiters -- film directors, world leaders, corporate executives, movie stars, athletes -- while the lives of the women they violated are permanently destroyed, often forcing them to live in social and emotional exile.

I am over the passivity of good men. Where the .... are you?"

quote by EVE ENSLER

Roger
Roger

What else would you expect from a radical feminist?

ds
ds

Okay, more thoughts on this guy. He didn't complete his degree at UM, but went to Plymouth Law School in UK. That means most likely he didn't get a "postgraduate" law degree but an undergraduate law degree. A bachelors degree. In the article, he says that he left UM not only because of the disciplinary action by Couture, but also because of his academic performance. That is, he was probably on academic probation. If you read his website, you see that he is writing at a high school level, maybe 10th grade.

Even if this isn't a "bought degree" (or if he didn't really get any degree at all) this degree is basically worthless for the purposes of practicing law in Montana. If he wants to practice law, he still has to go to law school. It is illegal for him to hold himself as an "attorney," so he'd better tread carefully on that one.

Alan Johnson
Alan Johnson

A search at the State Bar of Montana website turns up no one named Schwaderer on the membership list. Since Montana has a mandatory bar membership, it would appear he is not licensed to practice law in Montana.

ds
ds

Of course he isn't licensed. My point was that if he decides to TELL people he's a lawyer, without being licensed, he's in deep do-do.

My main point, though, is that it's not likely he'll ever be licensed because his academic skills seem so poor that it is unlikely he'll ever get into law school here. Have no idea what this "Plymouth Law School" is, but it doesn't sound all that great.

Alan Johnson
Alan Johnson

Well, I looked up Plymouth University. It seems legit enough. It also offers a lot of online courses. But there is no way of knowing what his academic record is there. His website says he is "wrapping up" a law degree with international and admiralty emphasis. Hard to say what "wrapping up" means. Online courses to finish? The website says they offer both an undergraduate law degree "LLB" and a graduate degree "LLM"

Of course there are many people with legitimate degrees in law from fully accredited universities that choose not to actually practice law. There are other career fields for people with a JD. So I was just pointing out his lack of membership as a point of interest. Perhaps he is studying for the bar exam. In Montana it is given in February and July.

Calling oneself an attorney and practicing law without a license are two different things. One can call himself whatever he wants, but if he takes money for giving legal advice with no license to practice, he is in trouble.

kmiarussi
kmiarussi

exactly my point. He didn't complete his degree here at UofM because he couldn't because he didn't want to face up to the student code of conduct so he goes and gets a BA in Law in England(obviously it wasn't financial reasons that he left UofM) and then tells everyone he has a degree in Law, just doesn't mention it is only a BA not an actual Law Degree.

LibTarded
LibTarded

This sounds like another guy getting railroaded by any chick that wants to accuse somebody of sexual assault. Get it in the newspaper trash the guys name and character the damage is done before any legal action takes place.

Women need to quit putting themselves in these kind of situations if any of this really even happened at all.

kmiarussi
kmiarussi

This is a quote by Schwaderer....

.. I’m a ‘closet libertarian,’ so you can guess where I personally stand on the issue. ... That said, I’ve seen some pretty scary vaginas. And as for ‘intended to have sex’ – even us straight blokes won’t object to the occasional blowy, yeah? (Winking smiley face.) That’s all I have to say. Enjoy your discussion.”

His lawyer, Lance Jasper, responded to a question about whether the post was appropriate for an aspiring state legislator: “While some may view this tongue-in-cheek comment as in poor taste, like every other Montana citizen, Mr. Schwaderer has a right to free speech regardless of his political aspirations.”

ds
ds

Sure, everyone has a right to say anything, but only fools say everything. I can't believe the people of Superior would vote for this guy.

ds
ds

So I'd like to know his position on funding for reproductive health. And while we're at it we might ask about his position on sexual assault legislation. Or legislation concerning domestic violence. Who is running against this guy, and where should I send my donation?

kmiarussi
kmiarussi

There are two people now running against him(from what I could find online). I now live in Superior and you can bet I won't be voting for him.

ds
ds

Kmiarussi, I couldn't find anything about the Democrat. Is she campaigning? It looks like the Independent has an active campaign, and seems really engaged.

ds
ds

That intrigued me, and I found the article in the Ravalli newspaper: http://www.ravallirepublic.com/news/state-and-regional/article_5c50b7e2-dab8-5b98-a066-4021bab3def5.html

Also, check out his Independent opponent. Sounds like Bright Day versus a grungy drunken night. http://jessienicholshd14.wordpress.com/

scoops
scoops

Aside from the fact that she was capable of consent or not. Amazing how the article repeatedly references her "friends" accounts of the situation. Her "friends", who one under each arm put her in a car to be taken home and potentially raped. HORRIBLE friends. HORRIBLE.

mo_thertweety52
mo_thertweety52

ok if you were "SEXUALLY ASSAULTED" why did you NOT REPORT IT FALLOW THROUGH instead You have TO bring it up 4yrsLATER?!?!?

ds
ds

Read the article. She did everything she could do, and it was only the criminally incompetent prosecutor who didn't prosecute. She is now bringing it up because she has a duty to let everyone know what a scumbag this guy is.

Abonides
Abonides

Another worthless POS who decided he could get his jollies off a drunk girl. I spit on scum who stoop to this level. His lack of integrity tells us all we need to know about him.

HelenWheels
HelenWheels

Let Schwaderer run. I have a long memory. If he does more scumbaggy things in the future, I will be among the first to say, "We told you so." and Ms. Williams will be vidicated. If, on the other hand, he's a model citizen and legislator, then maybe he learned a lesson. Ms. Williams will still have done the right thing.

BobbyB
BobbyB

What exactly were you talking about when you said, “ Here’s another example of a man being prosecuted, and found guilty, even though legal authorities have found no evidence of the charges” , Pistol? Are you suggesting that every woman who is sexually assaulted needs to provide witnesses, video tape, and a signed confession before her story should even be considered? Perhaps you’re one of those guys who, if they saw a semi-conscious woman lying in a ditch, would think she was just asking for it. Your response in court could be, “well judge it was at least consensual on my part, and since she offered hardly any resistance, I assumed she must have been in agreement”. Unless a man has spent some time in prison it’s unlikely he’ll ever completely understand what it’s like to be coerced, threatened, or forced into having unwanted sex. If he has, I think he’d understand the difficulty in actually proving that it took place, and why he might even be hesitant to report that it happened.

Pistol
Pistol

BobbyB take some reading comprehension classes. I merely stated that women who have been assaulted should report it to the authorities, not the Missoulian. Your description of a predator taking advantage of a woman in a ditch is sick and amazing. Do you have fantasies of such conquests? This is still a country where a person is innocent until proven guilty in a court of law. In this case the lady couldn't produce enough evidence to have charges filed. So the Missoulian becomes the prosecuting attorney. That is wrong.

kmiarussi
kmiarussi

Pistol: Your the one who needs a reading comprehension course...read the entire article she reported it to every single avenue available to her, the police, the university etc. ALL failed her, the prosecuting attorney declined to prosecute because like most rape cases he didn't think he could WIN therefore he didn't want to damage his reputation of winning cases.

She gave up and moved on until she found out he was going to run for office putting him in a position of power over other young women(women in general) where he could repeat his actions. Rape is all about POWER and not sex. She had rejected him saying she didn't want to date him and he felt like less of a man and therefore to advantage of the opportunity to rape her. And before she even went to the Missoulian she went to the head of the GOP and Sch. Himself to attempt to prevent him from running for office.

She isn't doing this for personal gain but out of concern for other women and the many interns I'm sure would be working for if he wins.

Roger
Roger

Innocent unless proven guilty - try to grasp that legal principle. An accusation is NOT proof.

MontanaGirl11
MontanaGirl11

If she truly is a victim- then she wouldn't have any issues or problems releasing the investigation details and waiving her right to privacy and allowing the detective in the case to speak about what was found when the investigation was done and no charges were brought against Nick... in fact Nicholas told the Mineral Independent the story weeks ago in hopes that the details would be opened to the public... sounds to me like Mr. Schwaderer has nothing to hide and would like the details to be opened... doesn't sound like a guilty man to me!

MyPointofView
MyPointofView

one more thing GUY'S! with all the football,campus, city, and fed sexual investigations, BEHAVE, your gonna get what you deserve, AND maybe more,... those who break the rules need to pay the price but, with this big of a net for sure there will be bad accusations also, and lives ruined unfairly... Gentlemen be Gentlemen...behave and watch out and protect others from those who can't protect them self. See something wrong, even purposeful eye contact (like ya I can ID you later) can change a fate.

Roger
Roger

Your point of view stinks. An accusation is not proof of anything.

MyPointofView
MyPointofView

ok maybe I'm a redneck...years ago a big brother, friend or family member should have kicked the @#^$ out of him,...run for office and not expect this to happen, low intelligence, not smart enough to take care of other peoples business ...newspaper bias, ya even for a simple redneck, absoulutely

Bittersweet
Bittersweet

Ahhhhh yes. Crucified by the Missoulian. I can't say I believe or disbelieve this womans story or that this man should (or shouldn't) hold some type of official position in our govt. What I did gather is 1. Criminal charges were not filed and 2. A civil case was not filed at the time. Not sure this is front page news or even "news" at all for that matter. Then again, I guess this has always happened at all levels when someone runs for office. It's the price that is paid. Be prepared to defend yourself.

bluepastry
bluepastry

just keep saying missoula is a great place to live! that tunnel vision works really well. I left Missoula because I did not want my child going to school in that city. The school has become an embarrassment to the state of Montana. The football team should be suspended from post season play by the NCAA.

I have seen the city , the media ignore the growing problems that exist in Missoula, Montana. The electronic media in Missoula does zero hard news, no investigative journalism. The politicians in the state of Montana re not being held to a higher standard

The University of Montana administrators should all resign, its board needs to resign, the president needs to resign and the Football team should be suspended from post season play..

The candidate who is accused should step down, Why has he not face prosecution?

kmiarussi
kmiarussi

The prosecutor refused to prosecute him because he did not think he could win the case which would hurt his reputation. And the statue of limitations for rape is only a YEAR in montana..so she cannot try again.

Tracker
Tracker

You are mistaken about the time frame for the "statue of limitations" for rape in Montana.

Roger
Roger

There's no case, no cause for prosecution - it was consensual, not a crime.

morecowbell
morecowbell

There seems to be a little confusion amongst some of the other commenters here. It has been forensically determined that the young lady was not legally able to give consent, and since she was "carried" into his car the young man clearly knew how intoxicated she was. And, the young man says through his lawyer, "He maintains, as he has all along, that the sexual encounter that they had was fully consensual." 1 + 1 = 2. He admitted, through his lawyer, that he committed rape. Last I checked, Americans want rapists in prison not in state legislature.

Pistol
Pistol

Morecowbell
If you are basing your conviction on what is written in this article, most people would agree with your conclusion. Problem is the authorities investigated the alleged assault, and determined there was not enough evidence to charge. Our we now going to judge people based on Missoulian articles?

morecowbell
morecowbell

What I am flummoxed by is how the authorities "investigated" the incident, received a confession, and then declined to prosecute. I guess this is why the Prosecutors Office is being investigated for misconduct specifically for failing to prosecute cases of sexual assault! In this instance, the crime occurred within the statute of limitations and there is still evidence to file charges, so they have the opportunity to reverse their error.

Roger
Roger

A confession? He said it was consensual - which is not a crime.

kmiarussi
kmiarussi

Just because he was not prosecuted doesn't make him innocent, means the prosecutor was chicken, didn't want to ruin his winning reputation with a hard case.

Alan Johnson
Alan Johnson

I'll go with Pistol here. The fact is there is a lot of things connected to a case that don't make the newspaper simply because they are not public record. Things filed in court get reported on. But witness interviews etc. are not public record. I accept that the police and County atorney's office made thier best effort and determined they would not be able to get a unanimous jury to find this man guilty beyond a resaonable doubt. Whether it happened or not may be another matter. The woman did not pursue a civil case, where the burdern of proof would be much less, "Proponderance of the evidence" which in layman's terms simply means that if the jury thinks one side is 50.01 more right than the other, they can find in favor of that side.
Coming out now smacks of retaliation, since her stated reason is to derail the election for this guy.

glacierdude
glacierdude

Before I even read the story I told my neighbor that the guy simply had to be a Republican. If he were a democrat the Missoulian would not print it OR, OR, OR they would print the story without ever stating he was a democrat. Very few words into the second small paragraph he was identified as a republican. Sure, no politics here. He should sue this woman off the face of the earth. She better have a case. This type of news is getting very old. Sure, not politically driven.....you betcha.

maikeru1979
maikeru1979

you people that are complaining that the story "reeks" "must have been put up to it by the liberals" did you even read the story. I know it was really long and had lots and lots of words in it, but it did tell in pretty decent detail that there was a sexual assault of some kind that took place that July 08 night.

She said in the article that she has NO TIES to the Democratic party. she is pursuing this again because the statute of limitations on RAPE is 5 years, & now the guy that did this to her is running for State Government. where he would use money, power, and friends in high*low* places to get it swept under the rug or go on and do it again to someone else.

I've been that drunk before, and let me tell you i don't remember anything of the night and the next day after. I am inclined to believe this women. She has friends and other patrons at the bar from that night that can prove she was reasonably drunk and had to be carried by two people to get her to the vehicle.

drop the political garbage. the only thing that is political about this story is the fact that the guy who perpetrated the act is running for a state government seat.

raftercat
raftercat

It is demeaning to everyone who worked hard to go to law school, pass the bar exam, get a license and become an attorney to claim a "law degree" from a diploma mill in England that offers mostly undergraduate criminal justice programs with a "master of law" degree you can get in one year, part time. Here is the website of his "law school" http://www.plymouth.ac.uk/schools/law

Pistol
Pistol

Another example of a man being prosecuted, and found guilty, even though legal authorities have found no evidence of the charges. It seems like if a woman wants to punish a man for what ever reason she should now go to the Missoulian instead of the law. What a lousy way to circumvent due process. The Missoulian if it had any decency and sense of fairness when given information like this would first check with the authorities. The Missoulian has declared war on the UM athletic departmen, and now the civil legal authorities.

bluepastry
bluepastry

lol, this is misosula no one was getting charged! thats why there is a justice dept investigation....wake up montanans you cant abuse your women anymore!!!!

Northwoods
Northwoods

Isn't being highly intoxicated a good indicator of inability to give your consent? After all people are sitting in a jail cell right now for driving while highly intoxicated an act committed where their judgment of reality is impaired. Only a person with low moral standards and beliefs would wait until their romantic counterpart is impaired to press the act of sex.

Sukey
Sukey

Lets see, she's drunk and he's sticking things inside of her. Whether its rape or not, this creep lacks the moral backbone to run for office. He "hands the phone to his MOTHER"! Is Mom going to tell him how to vote? He's dating someone so drunk she can't say no. Bad choice in women, bad choice on what to do on a Saturday night, bad choice to run for office. I''ll bet he's a drunk also, because why else would you spend time with a drunk?

Roger
Roger

The timing of the accusation is very suspicious. UM demonstrated its anti-male bias by banning him, even though he has not been charged or convicted of the alleged crime. This woman's story reeks

Bones
Bones

Yes...suspiciously accused back in 2008....

walter12
walter12

This is more nonsense. Never charged, never prosecuted and now four years later she brings this up. Sounds like a personal vendetta. Oh, he wants to run for office, I'll fix him. Some women are completely nuts nowadays. Some leftists must have put her up to this. Completely insane nowadays. Just remember the old grandma's tale of calling wolf. If everyone is a rapist and everyone is a racist, then no one will believe you if there is a real rape and racist has lost its meaning nowadays.

ric
ric

Spoken like a true white guy.

kmiarussi
kmiarussi

She accused him in 2008 way before election thoughts, and she went through every imaginable route to get him charged...the prosecutor didn't think he could win so he didn't want to hurt his reputation by trying, Happens all the time. She is attempting to protect other women who would end up working for this man. Rape is all about power and I am willing to bet everything I have that if he makes office with more "power" he will rape again, but instead it will be one of his employees that ends up his victim.

Deadwolf
Deadwolf

Typical political smear, common these days. If this woman believes she was wronged, she has had four years to do something about it. Why wait until just before an election? We will probably see more of these smear jobs in the coming weeks.

C Wick
C Wick

SOP for the Democrats - remember Anita Hill the attempt to smear Clarence Thomas?

morecowbell
morecowbell

If the girl couldn't legally give consent, and the guy admitted to police that he "stuck things inside her", then that's a pretty straight-forward criminal situation, right? What's the statute of limitations for rape? 5-10 years? Sounds like the prosecutor can still make this #%$*& pay!

kmiarussi
kmiarussi

Statue of limitations for rape is only 1 YEAR in Montana so she couldn't try again even if she wanted to. She went through every step imaginable with both school and police and the prosecutor refused to charge him because he didn't think he could win the case.

Alan Johnson
Alan Johnson

You are very wrong on the Statue of Limitation for "rape" in Montana and morecowbell was pretty close to correct. Perhaps you were thinking of the limit for misdemeanor sexual assault which is one year. In the Montana code "rape" is covered under "Sexual Intercourse Without Consent:" Here is the law, parenthesis added by me, for clarity.

45-1-205. General time limitations. (1) (a) A prosecution for deliberate, mitigated, or negligent homicide may be commenced at any time.
(b) Except as provided in subsection (9), a prosecution for a felony offense under 45-5-502 (sexual assault), 45-5-503 (sexual intercourse without consent), or 45-5-507(4) or (5) may be commenced within 10 years after it is committed, except that it may be commenced within 10 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred. A prosecution for a misdemeanor offense under those provisions may be commenced within 1 year after the offense is committed, except that it may be commenced within 5 years after the victim reaches 18 years of age if the victim was less than 18 years of age at the time that the offense occurred.

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