A University of South Dakota student from Texas who dropped out after being arrested for allegedly recording women in the dormitory showers, was arrested again on charges that he raped a student.
According to court documents obtained by SDU student newspaper The Volante, 18-year-old Daniel R. Hammer was initially arrested on Aug. 28 after he recorded “another person without clothing or under or through the clothing, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person… under circumstances in which the other person has a reasonable expectation of privacy.”
The incident was said to have taken place in the women’s showers on the fourth floor of Mickelson Hall in North Complex.
Hammer was then arrested again and charged with raping a student off campus just two days after the first arrest.
The rape victim said that she had gone to bed at around 3 a.m. on Aug. 30, and felt that “at some point during the night…someone was inside her but was too scared to turn her head to find out who it was,” the court documents indicated.
The report said that the victim “was incapable of giving consent because of an intoxicating, narcotic or anesthetic agent of hypnosis.”
The victim’s roommates told investigators that Hammer admitted to them that he had taken “his lust out” on the victim. Court documents also said that Hammer admitted to investigators that he had penetrated the victim with his fingers and with his penis.
Investigators said that Hammer told them that he knew what he had done was wrong.
The Volante reported that students on the fourth floor of the Mickelson dormitory were not informed about the video recordings for 12 days.
Student Services Vice President Kim Grieve explained that it had not been necessary to notify the students because the taping allegations had disqualified Hammer for campus housing.
“Students are notified if there’s an immediate threat to the campus community,” Grieve said. “If the situation has been taken care of, then students aren’t immediately notified.”
She added that the university was not considering using keys or electronic locks so that students could only access the bathrooms for their gender.
Hammer was released after posting $70,000 bond. He was ordered to have no contact with the victim. An initial appearance was scheduled at the Clay County Courthouse on Oct. 28.
Read the court documents below.