Why do we act as though boys in college have agency where girls do not? Why do we treat it as though these boys are master manipulators who are seeking to take advantage at first chance?
My opinion? If both parties are so drunk that they're both wondering how something happened, either they were both raped or no one was. It's not just how you FEEL that matters and regret isn't rape.
“He said that she was smiling, participating and responding sensually,” another excerpt of Yocum Gaffney’s notes read. “He said that she did not protest and there was no indication that she was not consenting to the activity.”
Oh, and "Yes means Yes" is a shitty fucking standard. It's going to be abused, if it hasn't been already.
"The law also makes clear that affirmative consent cannot be given if someone is incapacitated because of drugs or alcohol. It is also not a valid excuse if “the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.”
“Just telling the truth I thought would vindicate me. Mutually making out, making out went to fingering, then banging,” Luke said."
Why isn't this standard applied to him? Why doesn't she have to demonstrate that she didn't rape him? He was just as incapacitated and just as unable to give consent. All that matters is who filed the complaint - and that they're a female because I seriously doubt that the complaint by a male would even be taken seriously given that Title IX adjudicators (in this case in particular) pressure for convictions based on false statistics of 1 in 5 and other such thoroughly debunked nonsense that are tantamount to 'all men are potential rapists'.
"Smith said that she would never discourage reporting. Jessica said that in her case, Smith wholly endorsed it.
“She really wanted me to come forward. Really, really, really wanted me to come forward,” Jessica said. “She thought I had a really good case. And she immediately gave me a slew of facts. Her main reason was basically, ‘You need to do this for other women, because it sounds like this man has done this before, and will do it again.’
However, documents from the university hearing and testimonies from Luke and witnesses show no evidence that he had previously committed a sexual crime, and aside from once getting caught with marijuana by a resident director, had no known conduct violations."
This girl was manipulated. This girl was taken advantage of. But not by the boy she had awkward, drunken sex with. She was taken advantage of by people who "validated" her experience as one of rape.
"Jessica said. “And that story that I made up in my brain was validated with the fact that he could laugh and be seen with everyone I knew..."
She wasn't raped. It's not about feels. It's about facts. Remember, it was a 'story that [she] made up in her brain'. Her words.
Also - IF (and I don't believe this to be the case) IF she was raped, expulsion is NOT AN APPROPRIATE PUNISHMENT FOR THAT CRIME!!! SUSPENSION IS NOT AN APPROPRIATE PUNISHMENT FOR THAT CRIME.
A rapist belongs in prison. Luke belongs back in school.
