Los Angeles County prosecutors declined to file rape charges Tuesday against former USC football players Osa Masina and Don Hill, while noting that Masina is being prosecuted in Utah for a sex-related case involving the same woman.
“There is insufficient evidence to prove the case beyond a reasonable doubt,” according to a charge evaluation worksheet from the Los Angeles County District Attorney’s Office.
The document noted that the 19-year-old woman met Masina while in high school in Utah and contacted him through social media last June, when he invited her to visit Los Angeles and where “she and Masina engaged in consensual sexual intercourse” on July 14.
Masina, Hill and the woman “consumed drugs and alcoholic beverages throughout the afternoon and evening” of July 16, and the woman told investigators that she recalled Masina and Hill engaging in sex with her while she was “feeling confused and not in control of her body,” according to the document.
The woman reported the allegations July 29 after an alleged second sexual assault four days earlier in Utah for which Masina has been charged, according to Los Angeles County prosecutors.
Masina told investigators that he engaged in consensual sexual intercourse with the woman on July 16 and claimed that Hill did not engage in sex acts with the woman, according to the charge evaluation worksheet.
“In order to prove the sexual assault by intoxication, the People must prove that the victim was unable to legally consent because she was so intoxicated that she was not able to exercise reasonable judgment,” prosecutors wrote. “In addition, it must be proven that the suspects knew or reasonably should have known that the victim was impaired to that extent. Due to the victim’s description of the amount of controlled substances and alcohol consumed by the suspects, as well as Masina’s statements, there is insufficient evidence to prove they knew or should have known that she was unable to legally consent.”
Prosecutors noted that Masina has been charged with “sexual offenses” involving the same woman in Utah, adding that those allegations involved the alleged use of “force” and “are corroborated by independent evidence” while the Los Angeles allegations did not involve any alleged use of force.
Masina, 19, was a backup inside linebacker as a first-year freshman in 2015, making 25 tackles in 12 games. He picked up an errant lateral and ran 46 yards for a touchdown in the season opener against Arkansas State.
Hill, 21, played five games as a backup outside linebacker as a redshirt freshman in 2015, making seven tackles. He missed 2016 spring practice because of a team rules violation.
Both players were suspended from the team in September. USC Sports Information Director Tim Tessalone said their status remains unchanged.
It was not immediately known if they are still enrolled at the university.
–City News Service