During a Christmas Eve party, Nissen and Lotter became drunk. They grabbed Brandon and forced him to remove his pants, to prove to Tisdel that Brandon was female. Tisdel looked only when they forced her to, and she said nothing.
Lotter and Nissen then attacked Brandon, and forced him into a car. They drove to an area by a meat packing plant and beat and raped him. They then returned to Nissen's home.
Brandon escaped from Nissen's bathroom by climbing out the window and went to Lana's. She convinced him to file a police report, though Brandon had been told by Nissen and Lotter to remain silent.
Brandon went to the emergency room , where a standard
rape kit was assembled, but later lost. The sheriff at the time, Charles B. Laux, asked Brandon questions about the rape. Reportedly, he seemed especially interested in Brandon’s transsexuality, to the point that Brandon found his questions rude and unnecessary, and began to decline to answer.
Nissen and Lotter learned of the report, and they went after Brandon. However, they failed to find him, and three days later, the police went to question Nissen and Lotter. However, Laux declined to have them arrested, even though both men had former criminal offenses.