Rape charge dropped against USC student after video surfaces

The woman's roommates called the police. She later said: “That’s the thing that bothers me psychologically,” Doe said. “A lot of people think I was the one who forced, who wrongly accused him of something he didn’t do, when I didn’t accuse anyone of anything in the first place.”

Gretchen Means, the executive director of OED for USC, refused to allow Premjee's attorney to be present during the Title IX investigation. During a Daily Trojan interview in November, Braun said that Means was dishonest, that she had not allowed Premjee and him to record an interview and had called Braun a physical threat to USC. Braun said in the interview. “I have a case where consent is on tape. What more does USC want?”

Premjee was expelled by USC anyway, after being cleared of the charge by a criminal court judge.

“There is no indication of any withdrawal of consent,” the judge wrote in his ruling in July. “There is a very strong indication that the alleged victim in this case was the initiator of any conduct between the defendant and the alleged victim.”

“My professional life will definitely be impacted for the rest of my life,” Premjee said.
newtboysays...

He had been drinking.
She initiated the contact.
She pulled him along and took him home for sex.
So she raped him.
Where are the angry anti rapists chanting "lock her up, lock her up, lock her up."

It's disgusting the ridiculous double standards we put on issues like this in the name of equality. Outrage at the story that he took a drunk girl home for sex, totally dismissive when it turns out that she actually did what he was accused of.

Mordhaussays...

https://dailytrojan.com/2018/03/29/oed-finds-student-responsible-for-policy-violations/

They don't have to release any information as to why they found him responsible. They also don't have to allow him to have his attorney present nor allow any recording of the procedure. Basically your fate lies in the hands of a single person in charge of the OED. As far as I am aware, there is no appeals process either. His only recourse at this point is to sue the school and that is iffy from a legal standpoint. He would have to show a clear pattern that they are prejudiced against the accused, which means he would have to track down other people that they expelled and hope they were clearly innocent like he was.

bareboards2said:

I wonder why he was expelled anyway?

That information is presented anywhere.

bareboards2says...

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.

Mordhaussays...

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.

bareboards2said:

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.

bareboards2says...

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.

Mordhaussaid:

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.

eric3579says...

Just MY opinion regarding Universities

Although the law doesn't always provide justice it does it far better then Universities do. It's been my personal observation that University almost always make their decisions based on potential liability and also how it makes them look. I think truth, fairness and justice weighs in far below those two things somewhere. Unless they are willing to lay out the evidence of why they did, what they did, i wouldn't consider their action having any meaning regarding this situation.

Mordhaussays...

I think that is one of my biggest complaints, the lack of transparency in Title IX complaint investigations and decisions.

The sad thing is, many times it hits both genders. I know Baylor caught some severe flack for Title IX decisions made against female students during the Art Briles controversy/era. Even that was mostly handled internally between the NCAA and Baylor.

We need a better method.

bareboards2said:

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.

bareboards2says...

@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.

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