By Sam Colt
Attorneys for former student Stephen Zingarelli flatly denied multiple allegations leveled by a student who accused him of sexual assault last year, newly filed court documents reveal. Zingarelli’s response, submitted on Tuesday, asserts that sexual relations between him and his accuser were consensual in all instances and demands that the allegations in the accuser’s counterclaim be dismissed based on numerous defenses, including a statute of limitations and res judicata. The latter is a doctrine which precludes the raising of prior claims on which a judgment has been reached.
One issue disputed in the filing was over the contents of the police-monitored controlled call Zingarelli’s accuser had with him on Dec. 13, 2012. Zingarelli’s accuser alleges that Zingarelli did not deny sexually assaulting her on the call. “[The] Plaintiff admits the contents of the controlled call speak for themselves, but denies the remaining allegations set forth in Paragraph 20 of the counterclaim,” the response says.
Despite the volley of filings between Zingarelli, his accuser and the College, the lawsuit is currently still in the discovery phase — during which evidence is obtained and reviewed prior to a trial. Zingarelli’s attorneys have reserved the right to “add additional defenses as they become known.”