Wayne State University student calls for sexual assault charges to be dismissed | Select

Joel, who was arrested on May 21, is free after posting 10% of the $100,000 bail in June. Nqandela remains in jail on $250,000 bail.

Nate Stratton, Joel's attorney, filed a motion to dismiss on August 6, contesting a Wayne County Court judge's ruling that there was enough evidence to send Joel's case to district court for further proceedings. A motion to dismiss is essentially a motion to dismiss the lawsuit.

In his complaint, Stratton wrote that the state “has insufficient evidence to establish that a crime was committed and there is insufficient probable cause to believe that the defendant committed that crime.”

Stratton on Wednesday introduced into evidence a transcript of the July 15 District Court hearing in which an excerpt of the state's evidence was presented. District Judge Mark Johnson will review the transcript to decide whether there is enough evidence to take Joel's case to trial.

The judge gave Stratton until Wednesday, September 18, to file a brief in support of the defense's motion to dismiss. Wayne County Prosecutor Amy Miller then had two weeks to file a response.

Nqandela appeared in court with his attorney, Matthew McDonald, who requested an adjournment of both his client's pretrial and trial. McDonald of the Nebraska Commission on Public Advocacy recently acted as Nqandela's primary legal representative.

Johnson postponed Nqandela's preliminary hearing until Wednesday, November 6. The trial is scheduled to begin in late January.

At the time of the alleged sexual assault, Nqandela had dropped out of school. However, Joel is enrolled at Wayne State this fall and has not been formally disciplined by the school pending a Title IX hearing. The victim has chosen not to pursue that hearing, fearing it could jeopardize the criminal cases against Joel and Nqandela.

Under federal policy, the college is not permitted to take formal disciplinary action against Joel until he is found guilty following a Title IX hearing.

The victim withdrew from classes out of fear for his safety and frustration with the college's inability to remove Joel from campus.

Joel's next court hearing will be held pending Johnson's decision on the defense's motion to dismiss. If convicted, Joel faces up to 50 years in prison.

Nqandela, who is also accused of supplying alcohol to minors, faces up to 51 years in prison.

The 20-year-old woman and a second woman who said she was sexually abused by Joel described in detail Joel and Nqandela's past behaviour towards women and said the two had a routine of harassing women.

At Miller's request, Johnson ordered Wednesday that both men have no contact with four of the witnesses involved in the two cases. The district attorney said she was not alleging that the two men had contact with witnesses, but the witnesses would feel more comfortable if a no-contact order was in place.

Joel and Nqandela had previously been instructed not to have any contact with the victim.