FAYETTEVILLE — A judge will hear arguments Thursday from a man who pleaded guilty to sexually assaulting an intoxicated University of Arkansas student in her dorm room last year and now wants to withdraw his plea.
Avery Laray Scott, 38, was sentenced Feb. 25 to 15 years at the Arkansas Department of Correction with eight years suspended.
Scott now says he did not assault the woman, but was pressured by his attorney to accept a plea deal with prosecutors. Scott said he tried to get his attorney to withdraw the guilty plea before his sentencing hearing so he could have a trial, but was unsuccessful.
Prosecutors have said a judgment has already been entered, and the motion raises no challenges to procedure or evidence that would allow Scott to withdraw the plea.
The university employed Scott as a “rover” in the university’s housing units. He was one of two people hired to patrol outside residence halls during overnight hours.
The 18-year-old victim told police she woke up in her dorm room at Humphreys Hall and Scott was sexually assaulting her. The woman had gone to a party earlier, consumed alcohol and didn’t remember leaving, she told police.
P rosecutors said the woman was too intoxicated to communicate her lack of consent and at times would have been unconscious or unaware the sexual acts were occurring.
There were no allegations that Scott used threats or force.
The woman’s roommate said she tried to enter the room at one point but someone forced the door closed from the inside. Scott came out of the woman’s room several minutes later, she told police.
Police used security surveillance video to identify Scott.
Scott had earlier called University of Arkansas police to report seeing the intoxicated woman on Stadium Drive near Pomfret Hall. He told police he saw the woman again about 45 minutes later and she asked him to help her find her room. Scott said he had consensual sex with the woman.
Scott originally was charged with rape, but the charge was amended to second-degree sexual assault. The university fired Scott immediately after his arrest.
Arkansas, Pages 21 on 03/27/2010