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Two more former LU football players sue, claim false sexual assault allegation

LYNCHBURG, Va. – Two more former Liberty University football players are suing the school after they say they were falsely accused of sexual assault. 

It all stems from a July 2016 allegation in which a female LU student said she had been sexually assaulted by several football players back in August 2015. 

Avery James claims in his lawsuit that the woman's story kept changing and that they had engaged in consensual sex only. He is suing both her and the university, as he says the investigation was handled unfairly. 

James states in a complaint that LU's policies create a motive for its students to fabricate allegations of sexual misconduct. Sex outside of marriage is not allowed at LU and there are strict penalties for those who are caught. The lawsuit asserts that this policy disproportionately affects male students, as the policies "create an atmosphere whereby women who engage in sexual activity and later claim the activity was unwanted will benefit from a presumption of truth."

After a meeting, the school decided to give James the harshest possible punishment, which is withdrawal and a transcript notation. 

James is suing LU for $50 million and the woman who accused him of sexual assault for another $50 million, citing damage to his reputation and emotional well-being. He is also demanding a trial by jury. 

In a separate lawsuit, Kyle Carrington is also suing LU and the accuser. He claims that the woman performed sexual acts consensually with several football players at a party, and that she was not visibly inebriated. 

Carrington states that police officers responded to the party for a noise complaint, and the woman did not report any type of sexual assault. The lawsuit also states she had bragged about the sexual encounters and a rumor of a gang rape started circulating on Twitter and Yik Yak, which is an anonymous social media app. 

Due to the social media posts, LU investigated the situation. About 11 months after the incident is said to have happened, the woman made a report claiming it was not consensual. 

Carrington was also given the harshest punishment available, which is withdrawal with a transcript notation. Like James, Carrington is also claiming that LU's policy on sex outside of marriage encourages false accusations of sexual assault. 

He is also suing LU for $50 million and the woman for another $50 million. He is demanding a trial by jury. 

As WSLS reported earlier, a third former Liberty University football player is also suing. 

Cameron Jackson’s four defamation claims related to Liberty’s press release and two defamation claims against the alleged assault victim will be allowed to proceed, as well as his Title IX claim.

WSLS is not naming the woman who said she had been sexually assaulted. Her accusations have not been proven false in court at this time. 

Liberty University sent WSLS 10 this statement:

Our review of the complaint filed in state court reveals that it contains claims similar to those pending in two other complaints in federal court.  Liberty will use the same attorneys and strategies in this case as we are in the other two cases.  We expect to begin by removing the third case to federal court and then file an answer along with affirmative defenses.  Following the discovery phase, we anticipate asking the court to decide the case in our favor on a motion for summary judgment.  If that is successful, there would be no trial.