BATON ROUGE- In the weeks since LSU student Madi Brooks was hit and killed by a car on a dark, Baton Rouge road, four people have been arrested and are facing charges in her alleged rape.

"We have a blood alcohol number. It establishes intoxication under the statute, which makes consent irrelevant," Attorney Kerry Miller said.

Kerry Miller, an attorney representing Brooks' mother, says the charges came after those four admitted to being with her that night and knowing she was drunk.

"They went in to try to fend off what was going to happen, they knew they were on video. They voluntarily gave statements. What did they both say, we knew she was drunk, we knew she was drunker than drunk," Miller said.

Ron Haley, who is representing defendants Kaivon Washington and Everett Lee, says videos that are not being released to the public show Brooks upset with one of the suspects.

Haley claims "she" was clearly seeking physical engagement, only to be rebuffed. Miller says they show something much different.

"She didn't have the ability, she was raped. Period," Miller said.

East Baton Rouge District Attorney Hillar Moore says the case will go before a grand jury. While some have asked how a rape case can be made when there is no victim filing a complaint, Moore says that's not difficult to answer.

"It's just like we handle murder cases, who don't have murder victims to say I didn't consent to being killed or shot at," Moore said, "And you have to look at all the different circumstances, that are there, what is available, factually, and present them to a grand jury first."

"Under Louisiana law, this is rape. We were deeply offended by blaming the victim, and statements regarding if she hadn't been hit she wouldn't be complaining of things. We thought that was deeply offensive, and plain wrong," Miller said.

We asked if the family was going to sue Reggie's, the bar the group visited, for serving Brooks who was underage.

Miller says the family wants everyone to be held accountable, but that they are focused on other things at this time, including Brooks' funeral.

The family also launched a foundation under Brooks name to give out scholarships and advocate for safety.