Penn State Rape Victim Denies Assault, Jerry Sandusky's Lawyer Claims

Denial comes as alleged rape witness insists, "I made sure it stopped."

ByABC News
November 15, 2011, 4:54 AM

STATE COLLEGE, Pa. Nov. 15, 2011— -- A lawyer for the former Penn State football coach allegedly seen raping a boy in the team's locker room shower tells ABC News that the boy has denied that he was sexually assaulted.

The claim by Jerry Sandusky's lawyer comes at the same time that Mike McQueary, who reported seeing Sandusky rape a boy in the showers in 2002, sent friends a couple of emails insisting that he didn't just just leave the area as the grand jury report stated.

"I did stop it, not physically ... but made sure it was stopped when I left that locker room," he wrote.

McQueary also wrote in one of the emails that, "I did have discussions with police and with the official at the university in charge of police." The grand jury report claims that no one from Penn State ever reported the alleged incident to police.

The contradictory statements were among a flurry of fresh revelations and claims involving the scandal that has rocked Penn State.

The boy in the shower is one of eight who Sandusky is accused of having molested over a 15 year period. The grand jury report said that despite McQueary's eyewitness account, the university did not investigate and "never attempted to learn the identity of the child in the shower... No one from the university did."

Sandusky's lawyer, Joe Amendola, told ABC News that they believe they know the "victim."

"The kid is... now grown up, he's in his 20s. He's adamant that nothing sexual occurred," Amendola said.

The lawyer says he and Sandusky believe they are talking about the correct boy because Sandusky remembered being approached by school official Tim Curley a couple days after the shower.

"In fact, Jerry Sandusky gave Tim the name of the kid and said do you want to call him? He'll tell you nothing went on," Amendola said. Sandusky also told the boy that he might get a call asking about the shower, and the person remembers getting the call from Sandusky.

"This is why he believes very, very strongly he is the young man involved," Amendola said.

The Pennsylvania office of attorney general was not immediately available for a response.

Amendola said he expected many of the victims named in the grand jury presentment to deny that the assaults had ever occurred.

The lawyer also said that it does not make sense that former Penn State football coach Joe Paterno would ignore a report that one of his assistants was found engaging in anal sex with a boy in his locker room.

"I find that incredible," Amendola said. He added that such a scenario "absolutely boggles my mind."

The investigation into Sandusky is spreading. The New York based Fresh Air Fund told ABC News that its records show that at least one child was sent to stay with Sandusky in the 1990s and that information was shared with Pennsylvania authorities.

"Now we are looking back in our files to earlier time periods. As of today, we do believe several children may have stayed in the Sandusky home in 1970s," said fund spokeswoman Andrea Kotuk.

Sandusky, 67, broke his silence in a telephone interview Monday night with NBC's Bob Costas and his oddly worded denials raised eyebrows.

At one point Costas asked the retired coach, charged with 40 counts of child sexual abuse, if he fits "the classic MO of many pedophiles" by gaining the trust of many young people but not abusing all of them.

"Well, you might think that. I don't know," Sandusky said, and then laughed, according to a transcript from the interview. "I didn't go around seeking out every young person for sexual needs that I've helped. There are many that I didn't have -- I hardly had any contact with who I have helped in many, many ways."