SMU sophomore John David “J.D.” Mahaffey allegedly forced a fellow male student to perform oral sex on him despite the victim’s repeated cries of “no” and “stop,” according to an arrest affidavit released Friday by the Dallas County District Attorney’s Office.
According to the affidavit, Mahaffey concluded the alleged Sept. 23 assault, by telling the victim, “You better not tell a soul.”
The victim reported the incident to SMU police the next day, according to the affidavit. The victim agreed to have SMU police tape-record a phone call the next day he would make to Mahaffey. During the call, the victim reportedly asked Mahaffey, “You know, I did not want to do that?”
Mahaffey responded, “I know you didn’t, but we have to say it was consensual or lawyers, parents and the school will be involved,” according to the affidavit.
Mahaffey, a 19 year old sophomore, was arrested Tuesday by SMU police at his on-campus residence in connection with the Sept. 23 incident that reportedly took place at approximately 3 a.m. Mahaffey was subsequently booked into Dallas County Jail on second-degree felony sexual assault charges and released Wednesday on a $25,000 bond.
The student reported to SMU police he was first assaulted just west of the Sigma Phi Epsilon fraternity house at 3050 SMU Blvd., and again in the Airline parking garage.
Since his arrest, Mahaffey – a member of Sigma Phi Epsilon, member of Student Senate and a Hunt Scholar – has been banned from campus until the case is resolved, and has been suspended by Sigma Phi Epsilon while the case is investigated.
Dallas County District Attorney Director of Communications Debbie Denmon said the case will be handed over to the grand jury. No date has been set for a grand jury hearing, Denmon said.
In the wake of news of Mahaffey’s arrest and the indictment of SMU Donald Samuel Cuba on Sept. 4, SMU President Gerald R. Turner delivered a message via email to the SMU community Friday night asking students, faculty and staff to “reacquaint themselves with the options and procedures for reporting sexual misconduct” as written in the Code of Conduct in the Student Handbook and other resources.
Turner went on to state – “in view of recent questions about how universities, including SMU, address sexual misconduct – he will point a President’s Task Force on sexual Misconduct of Policies and Procedures.
The task force, Turner wrote, will be chaired by Lori White, chair of the vice president of student affairs, and Kelly Compton, SMU alumna, trustee and chair of the Board’s Student Affairs Committee.
