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SAN JOSE (CBS 5 / BCN) ― For the second time in two weeks, women gathered Thursday at the office of Santa Clara County District Attorney Dolores Carr to demand that she reconsider prosecuting any or all of the eight De Anza College baseball players who witnesses say gang-raped a 17-year-old girl at an off-campus house party in March.

"We need (Carr) to try the case," said Mandy Benson, a member of the National Organization for Women. "She says she's tough on crime. Why isn't she tough on crime when a woman's life is at stake?"

Kathy Redmond, founder of the National Coalition Against Violent Athletes, said, "The victim wanted charges brought, the D.A. said no."

Redmond, who was herself raped by a University of Nebraska football player, said that there are codes of silence and a system of protection among athletes.

According to Redmond, the hospital estimated the victim had a blood alcohol level of 0.27 at the time of the alleged rape and that she only remembers four shots of vodka before blacking out. Redmond raised the question of date rape drugs.

She claimed that three key sober witnesses who broke down the door of the room where the alleged rape was occurring and took the alleged victim to the hospital were not allowed to testify in a grand jury.

Two of those women, April Grolle and Lauren Chief Elk, came forward publicly with their graphic story about finding a vomiting, semi-conscious girl in a back room surrounded by eight men, one allegedly between her legs.

It was Grolle and Chief Elk that asked Redmond to come to San Jose, Redmond said.

But the pair could not identify the person who they said assaulted the girl.

Carr said there are big problems with the case that warrant her decision not to prosecute, but she refused to give specifics.

"We simply cannot go forward in a case we can't prove beyond a reasonable doubt," Carr said.

CBS 5 Legal Analyst LaDoris Cordell said the roadblock for the district attorney is probably a simple matter of not being able to make a positive identification.

"The public may think, 'So what if it's not a slam dunk case.' I think the reason they can't go forward is that they really don't have a perpetrator," Cordell said.

Irene Weiser of StopFamilyViolence.org said she had spoken with the girl recently, who said she "wants her day in court."

"Thank God for Laurie Smith," Rebecca Sanders said about the Santa Clara County sheriff who has expressed dismay about the dropped charges.

Assistant District Attorney David Tomkins noted that the protest was mostly national organizations who do not know the district attorney's stance on sexual assault.

"They are aware of the stance we take on sexual assault," Tomkins said about local women's groups who he said intentionally were not present. "They know there's a lot of evidence that hasn't come out."

It is this lack of public information that drew two women from the University of California at Berkeley to the protest Thursday.

"I think the fact that we have three witnesses and DNA evidence, that's enough for a trial," Erica Hutter, 21, of the Berkeley chapter of the National Organization for Women said.

"We really do respect them. The D.A. and investigators have been very careful considering the evidence," Sandy Davis, Director of the Rape Crisis Center at the YWCA of Silicon Valley said. "We do understand the community is frustrated."

"I don't think justice has been served," Davis said. "But I feel these elected officials are bound by the law."

"I also hope it's not over," Davis added.

Allegations emerged after a 17-year-old girl claimed to have been sexually assaulted at a March 4 party on South Buena Vista Avenue in unincorporated Santa Clara County by members of the De Anza College baseball team.

The case went between the Santa Clara County sheriff's office and the district attorney who initially turned the case back to the sheriff for more investigation.

Eight baseball players were suspended from the team due to team policy violations.

On May 21, Carr announced in a short statement that no charges would be filed in the case due to "insufficient evidence."

The decision outraged many in the community. The sheriff has stated the investigation is ongoing.

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