Hastert Court Filing Questions Whether 'Groin Rub' Was Sexual Abuse

By Rachel Cromidas in News on Apr 13, 2016 10:02PM

A new court filing from former U.S. House Speaker Dennis Hastert's lawyers Wednesday expresses doubt over the allegation that the Illinois native sexually abused at least one high school student while he worked as a wrestling coach decades ago.

Hastert has been accused of sexual misconduct with several former students, but he is not facing criminal sexual abuse charges; rather, Hastert is facing a sentencing hearing after recently pleading guilty to committing bank fraud in an attempt to cover up those allegations. Hastert has admitted to paying hush-money to a man, referred to in court as Individual A, whom he knew during the man's high school wrestling days. Hastert could face up to five years of jail time for the offense, but his lawyers are asking that he receive probation, instead, because of his poor health.

Today's court filing says Hastert "deeply regrets" giving Individual A a massage for a groin pull in a motel room 43 years ago, but questions whether the incident should be called sexual abuse at all.

"While undoubtedly many would consider this episode as described by Individual A, consisting as a groin rub for a groin pull and a massage, to be misconduct, we are not so certain that the incident qualifies as sexual misconduct, especially for a coach and trainer 43 years ago," the filing by his lawyers reads.

Individual A is one of at least five people with "credible" accusations of sexual misconduct against Hastert, authorities said in a court filing last week. One, known as Individual D, is expected to testify during Hastert's sentencing hearing. The sister of a man who passed away in 1995 is also expected to testify at the hearing; Jolene Burdge, the sister of Stephen Reinboldt, has told reporters Hastert had a sexual relationship with her brother while Reinboldt was in high school.

Hastert's court filing also says he does not remember any incident with Individual D.

In a separate court filing on Friday, prosecutors described Individual A's allegations against Hastert from that night in the motel room. The man claims Hastert stayed with him in a motel room overnight after attending a wrestling camp. Individual A complained to Hastert about pain from a groin pull, and Hastert told him to remove his underwear and began massaging his groin. Individual A realized Hastert was touching him in an inappropriate way and jumped off the bed he was lying on, but later apologized to Hastert, saying he was confused. Hastert massaged his back and slept in the same bed with him after.

Though Hastert was prosecuted for bank fraud, a crime he admitted to committing with the caveat that he didn't realize his actions had been illegal, the judge presiding over the case, Judge Thomas Durkin, said he believes the other accusations are relevant because Hastert appears to have lied to federal authorities. When federal investigators began looking at Hastert's bank transactions, they discovered that his claims that Individual A was extorting money from him were likely false.

"That's not conduct that's 40 years old. That's conduct that's a year old," Durkin said at a hearing Wednesday, according to the Tribune. "Among the aggravating factors in this case, that's a big one."