Since the NFL Draft last month, a Chicago woman has constantly checked the sports pages, praying that she wouldn’t read about a team signing a player convicted of sexually assaulting her at Notre Dame three years ago.
On Tuesday, her fears were realized when she found out that the Dolphins signed free-agent safety Abram Elam, a former standout at Cardinal Newman High who was one of four Notre Dame football players charged with sexually assaulting the now 24-year-old woman in March 2002.
Elam was the only player convicted — of the lesser charge of felony sexual battery — and received an 18-month suspended sentence, two years’ probation and 200 hours of community service.
For the victim, the penalty wasn’t harsh enough.
“[The Dolphins] can expect a firestorm,” the woman said, her voice fraught with emotion, by phone from her Chicago home Wednesday. “They are going to be hit. … They’re in for a world of trouble.”
In court, the woman testified that after a night out with the girls at a downtown dance club in South Bend, Ind., one of the players charged, former safety Justin Smith, invited her to his off-campus house for a party.
She said while she and Smith were watching a movie, Elam, safety Donald Dykes and receiver Lorenzo Crawford arrived, and later the sexual battery took place.
The victim said she mounted a letter-writing, e-mail and telephone campaign against the Cleveland Browns when she heard the team was considering drafting Elam. The South Florida Sun-Sentinel does not in most cases identify victims of sexual assault in order to protect the privacy of the victim.
“I will encourage every person I know to tell everyone they know [to contact the Dolphins],” she said. “I went to college with people from all over the country scattered all over the place. I’m not going to let this go. It changed my life forever.
“He shouldn’t be able to look at this as one night out of his life when this is something I will have to deal with forever.”
During the trial, Elam, 23, the only player of the group not charged with rape, was acquitted of the more serious charges of conspiracy to commit rape and criminal deviant conduct. The court findings, taking into account Elam’s character and clean record, also said that he “is unlikely to commit another crime.” Elam apologized to the judge in court.
In a separate trial, Dykes was acquitted of all three charges, including rape and conspiracy to commit rape. The cases against Crawford and Smith were dismissed before reaching trial. All four were expelled from Notre Dame.
Dolphins coach Nick Saban said earlier this week that the team conducted an extensive background check on Elam and that he received positive reports from NFL assistant coaches Dean Pees and Kirk Doll, who coached Elam at Kent State and Notre Dame, respectively.
“Everyone can fully understand and appreciate that we do our diligence and background checks in finding out as much as possible about any player we bring to this organization, especially when someone has as significant a background issue as this young man,” Saban said.
“We felt that the reason we would not give him an opportunity here was because it would be a public-relations nightmare. I didn’t think that was really fair to him based on our research in what he has done to show he has learned his lesson and having done a very positive job in trying to get himself moving in the right direction.”
The Dolphins turned down interview requests for Elam.
Elam’s defense attorney, Mark Lenyo of South Bend, Ind., said Thursday that his request to have the Class D felony reduced to a misdemeanor was denied.
He also said that Elam rejected an offer from the prosecution to be exonerated in exchange for testifying against his three friends.
“He never admitted to anything, and I believe him,” Lenyo said. “I think it was consensual conduct that totally got blown out of proportion….
“He’s a good kid. She needs some counseling and doesn’t seem to be able to move on with her life. She’s consumed by it, what she perceives to be [rape], and is out to ruin his life.”
The victim said she graduated with a degree in marketing and works for a women’s health company and is a crisis counselor.
When asked if Elam deserved a second chance, particularly after the legal system meted out a sentence that didn’t include mandatory incarceration, the victim showed no compassion.
“The system didn’t work the first time,” said the woman, who has filed a civil lawsuit against Elam, the three other players and Notre Dame. “The Dolphins did a background check and take him anyway. What’s the point?
“There are a lot of football players out there who have character and integrity and should be rewarded with an NFL contract, and not criminals who show a complete disregard for the people they hurt.
“I feel like they’re saying to me what he and those three men put me through meant nothing. I will be a rape victim and rape survivor for the rest of my life. This is a slap in the face to me and all the women in Florida.”
The victim has received support from Kathy Redmond, founder of the National Coalition Against Violent Athletes, who vows to work fervently to convince the Dolphins they should reconsider signing Elam.
Staff researcher Bill Lucey contributed to this report.
Harvey Fialkov can be reached at .
