MILWAUKEE — The national fraternity organization Sigma Chi will have to wait until October to hear a judge’s decision on whether or not a University of Wisconsin student has shown enough evidence to go to trial over a 2008 sexual assault case.

The plaintiff, listed as Jane Doe to protect her identity, claims the fraternity failed to properly supervise and control the Sigma Chi chapter in Madison at an October 2008 party,s, when she was allegedly raped by several assailants.

The fraternity’s motion claimed nothing the fraternity should have been expected to do would have prevented the alleged rape.

Much of the debate at the August 26 hearing was centereddon whether the plaintiff was in fact raped.

Marie Stanton,sa Sigma Chi attornes, said aside from the medical report from one expert, there was no conclusive evidence of rape.

“She cannot prove that she was raped. She cannot prove where she was raped. She cannot prove who raped her,” Stanton and her associates said in a legal brief.

She added assuming the plaintiff was raped, she could not prove it happened in the Sigma Chi house. The woman had been at several bars prior to being at the Sigma Chi house.

The woman’s attorney, Robert Elliot, described the details of the medical report, which contains photographs and descriptions of missing skin, hanging skin, dime sized lesions and large patches of irritation, as well as bruises to the face. Elliot said these injuries would likely have been talked about with friends if they had been received at one of the bars.

Stanton argued even if the alleged rape occurred in the Sigma Chi house, no safeguards to be put in place could have prevented it.

She went into the house with a member of the fraternity who allowed her inside to use the bathroom.

According to the brief, that fraternity member thought she was too drunk to walk home alone, but when he offered to walk her she said she was going to stay.

Judge Timothy Dugan pointed to the fact that Sigma Chi has announced they will be improving their safeguards for guests. He asked why they are now pledging to do more if there was nothing they could have done.

For summary judgment to be granted, Dugan said, there must be absolutely no way the plaintiff can make a case..

While Dugan announced at the beginning of the hearing he was leaning in the direction of denying the motion, he eventually decided to delay it until the next hearing in October, when the local Sigma Chi chapter will also be trying for a similar motion.