Affidavit reveals more details in alleged SMU sex assaults



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Posted on September 28, 2012 at 8:52 AM

Updated Saturday, Sep 29 at 9:49 AM

DALLAS - An affidavit released Friday by SMU police alleges a student charged with sexually assaulting a classmate acknowledged it wasn't consensual and threatened the victim during a recorded phone call.

Investigators say John David Mahaffey, 19, sexually assaulted a male student twice Sunday. The first assault took place at the Sigma Phi Epsilon house and another at the Airline Parking Garage, police say.

The victim told police Mahaffey forced him to perform oral sex despite his pleas of "no" and to "stop," according to the second-degree felony warrant issued for Mahaffey's arrest. The warrant also says that Mahaffey told the victim "you better not tell a soul" after the assault.

After meeting with a Dallas officer, the victim agreed to a recorded phone call with Mahaffey. During that call, the victim asked Mahaffey, "You know I did not want to do that?" the affidavit read.

"I know you didn't," Mahaffey allegedly replied. "But we have to say it was consensual or lawyers, parents and the school will be involved."

Mahaffey, who has strong ties to SMU, was booked Tuesday into the Dallas County Jail and released Wednesday after posting a $25,000 bond. His great-great grandfather was on the school's founding committee. He is also a member of the student senate.

Luke Friedman, president of the local Sigma Phi Epsilon chapter, said Mahaffey was suspended as police investigate the case.

"This is a disturbing situation and the chapter's thoughts and concerns go out to everyone affected," read a statement released by Friedman. 

Mahaffey has also been banned from campus until the end of the case.