Scarlett was arrested March 12 in connection with a reported sexual assault on campus the morning of Feb. 24. He was originally charged with one count of third-degree criminal sexual conduct.

Third-degree criminal sexual conduct is a felony classified as sexual penetration when the defendant knows or has reason to know the victim is physically helpless. It is punishable by up to 15 years in prison.

Lisa McCormick, a child abuse, sexual assault and domestic violence chief for the Ingham County Prosecutor’s Office, said the additional charge was added because testimony indicated two separate sexual acts occurred between Scarlett and the victim.

McCormick declined to comment on specifics of the case and Scarlett directed all questions to his attorney, Patrick Eagan.

Eagan said he plans to challenge the judge’s decision to allow the case to go to trial and will file a motion to dismiss the case. He said he doesn’t think there is enough evidence to indicate that the sexual encounter between Scarlett and the victim was not consensual.

“There’s no testimony that would say she was physically helpless,” Eagan said. “This is a classic case of an alcohol blackout wherein somebody does not remember what she did and may not have done what she did if she had not been drunk.”

Eagan said tests done at the hospital following the reported assault revealed the victim had a blood alcohol level of 0.27 when the tests were taken. He said they did not reveal any type of drug in the woman’s system.

Surveillance videos from South Hubbard Hall show Scarlett and the victim walking into the building at 7:21 a.m. the morning of the alleged incident and leaving the hall 17 minutes later, Eagan said. Scarlett lived in the hall during the time of the reported assault.

“(A nurse who testified) said (the victim) had some kind of sexual interaction, but she could not testify whether it was consensual or nonconsensual,” Eagan said.

MSU police originally indicated the woman told police she had met Scarlett earlier in the week and agreed to meet him for drinks on the night of the reported assault, but Eagan said that information was incorrect. He said the woman had met a friend of Scarlett’s earlier in the week and had never met Scarlett before Feb. 23, when he was part of a group that went out for drinks with the victim.

“The police press release got the facts confused,” Eagan said. “(The victim) knew somebody else in the group from an earlier day, but she had never met Mr. Scarlett before.”

MSU police declined to comment on the case.

Eagan has filed a motion to waive an arraignment scheduled for April 30. Paperwork has not yet been filed to assign a judge to the case or set a date for a pretrial hearing at Ingham County’s 30th Circuit Court.