DNA clears frat party rape suspect

OCEANSIDE, Calif. - DNA test results prove a man accused of raping a Cal State San Marcos student at an off-campus frat party earlier this year could not have been the woman's attacker, Oceanside police reported Wednesday.

Oceanside police said there were about 200 people at the party held in May by members of the Tau Kappa Epsilon fraternity, which has been banned by the university.At that party, the alleged female victim claimed she was given a date rape drug and then sexually assaulted by a TKE member.

Results from a DNA test did not match a person of interest in the case.

The incident triggered a campus-wide crime alert which notified students that members of TKE have been accused of several crimes ranging from vandalism to providing drugs and alcohol to minors to other sexual assaults, which are under investigation by the university through a Title 9 probe. That probe is ongoing.

"That's messed up that someone would actually do that to women," said Omar Fernandez, a junior at CSUSM, who said he hopes police can find the rapist and put him behind bars.

Another student, Hannah Perez, told 10News she tries to use the buddy system at night to stay safe and is careful about which parties she chooses to attend.

"It's kind of scary to know that someone can still be out there," said Perez.

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DNA clears frat party rape suspect