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Judge expunges record

Observer Staff Report | Friday, April 15, 2011

A St. Joseph County judge expunged the record Thursday of a former Notre Dame student who was accused of rape in 2009.

Patrick Augustyn, now 22, was accused of raping a female student in his dorm room in the early hours of Feb. 23, 2009, according to court documents.

Augustyn was charged with one count of rape, a Class B felony, in St. Joseph County District Courts on Aug. 19, 2009. Augustyn was arrested on campus Aug. 26, 2009, and The Observer reported he was no longer enrolled at the University on Aug. 31, 2009.

The rape charge against Augustyn was dismissed in April 2010 because the alleged victim said he may have “had a reasonable belief that consent was given,” according to court documents.

At the time of the alleged rape, both Augustyn and the female student were under the influence of alcohol after attending an off-campus party.

According to court documents, a “no-contact” order between Augustyn and the female student was terminated when the charges were dropped.

Expunging the record means no information about the charges or dismissal will exist on Augustyn’s public criminal record.

The order for expungement demands that all files, photographs and records regarding the case will be removed from the sheriff’s office, local and campus police departments, the prosecutor’s office and the clerk’s office.

Court documents also show that no information about the case will be retained by the state.