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Rape charge dropped against USC student after video surfaces

bareboards2 says...

@Mordhaus Yeah. Transparency and privacy issues don't mix well.

I run into this where I work. Personnel decisions are made and the managers can never tell us the details. We just have to trust. [Of course, if we know the employee personally, we can ask them directly.]

Same here. That kid has a right to privacy. He also should have a right to see the proceedings of why he was expelled. I don't know if he can. If he can, then he can decide to make public the reason he was expelled.

Rape charge dropped against USC student after video surfaces

bareboards2 says...

All good points.

And.

What happens in a court of law is subject to the law. Which is not the same as justice.

I stand by my original question -- what did the university know that we don't know?

There are a lot of suppositions in your well reasoned response to my comment.

I have no suppositions. I have questions.

What did the university know that we don't?

Maybe it is nothing, as you suppose here. And maybe those roommates saw or heard something that scared the bejeebers out of them.

Here is a supposition that you did not put forth -- did the roommates only report the encounter as rape because this guy has dark skin? There could be a racist component to this.

Supposition. What are the facts? What information did the university use to justify expelling this dude?

I don't know.

Mordhaus said:

Of course rape can occur at any point leading up to and even during the act. If you have penetrated your partner and they say stop, you stop.

However, I would ask what other evidence could there possibly be? Obviously we can't know, but one would assume that a motivated prosecutor would have gathered all possible evidence. We know from the victim's statements that she can't recall much of the night, is unsure she said yay or nay during the sex, but that she didn't think he should have been prosecuted. Her roommates are the ones that reported the 'rape', but they clearly didn't give any evidence the court saw as worth convicting on. If their statements were what USC went by to expel him, that would be available via the court and I'm sure someone would have posted them.

We simply do not know and can only go by the video and the statement of the 'victim'. She seemed to be walking fine and signed her name correctly, so either she is an extremely functional drunk or she was sober enough to make those choices. She said she didn't think he should have been charged with rape. To me, that should exonerate the defendant. It did in a court of law, but not in a closed off Title IX hearing.

I suspect that what happened is what happens in other colleges. The college determines what is going to look worse publicity wise and litigation wise, then expels based on that. The problem is that in the Title IX process, there is no real fairness. You can have an advisor present, but not a lawyer if the school objects. One person decides your fate. There is no appeal process. The burden of proof is not defined as to who it is upon. I am sure that the lady in charge went by some procedure and not merely off personal opinion/belief, but we can't investigate to find that out.

To sum up, are we at the point where we should not have intimate relations if either person has imbibed any type of substance? Should we request that a video camera or audio recorder be present at any sexual liaison? Do we need witnesses like they used to have at the consummation of royal weddings? Perhaps a written contract? It just seems pretty ludicrous to me to have a video and the statement of the person that was supposed to have been raped, yet somehow we still had a punishment given to the individual accused of the raping.

Rape charge dropped against USC student after video surfaces

bareboards2 says...

Oops. That information is NOT presented anywhere.

What I was thinking, and didn't say, is that legally there is no case.

Consent at the beginning is not consent at the end. A man can rape his wife. That wasn't possible for most of human history -- it is now.

So although there is plenty of evidence that she gave consent at the beginning -- video proof of consent -- that doesn't mean that he didn't do something later that the university looked at and said -- apparently, since they expelled him -- constituted sexual intercourse without consent.

How they arrived at that conclusion, we don't know. It is missing from what is reported here.

It is absolutely not clear to me that he is "clearly innocent".

Because a man can rape his wife. Right? Do you agree, @Mordhaus?

That lovely video showing that consent is like offering tea lays out the logic pretty clearly. Saying yes to tea at one point is not the same as saying yes to tea when you are passed out.

i am NOT saying that the university did the correct thing. I don't have any knowledge of what they based their decision to expel upon.

And nor does anyone here, as far as I can tell.

Rape charge dropped against USC student after video surfaces

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bareboards2 says...

It isn't that enormously clever, this video. Mildly so.

However, I became fascinated at his acting ability.

It isn't easy, being that natural.

This is a great acting reel.

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