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Subject: "Court Ruling Highlights Flaws In College Sexual Assault " Previous topic | Next topic
legsdiamond
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"Court Ruling Highlights Flaws In College Sexual Assault "


          

https://www.yahoo.com/health/court-ruling-highlights-flaws-in-college-sexual-124255316347.html

A male student at UC San Diego who was accused of sexual assault and suspended after a campus investigation filed a countersuit — and won. Here’s a look at if and how this could affect college rape trials across the country. (Photo: Corbis/Richard Cummins)

Experts say a new ruling in a sexual assault case involving two students at UC San Diego should be a wakeup call to schools across the country that sexual misconduct processes can be flawed.

The alleged assault happened after the students met at a party early last year, and began having consensual oral sex later that month, the Los Angeles Times reports. On Jan. 31, the couple went to a fraternity party and returned to the male student’s apartment, where they had sex.

That led to a sexual assault complaint, a university investigation, and suspension of the male student. The students have been identified only as “John Doe” and “Jane Roe” because of the sensitive nature of sexual assault cases.)

But Doe pursued legal action in court and won, in what is believed to be the first ruling in recent history that found a university failed to give a fair trial in a sexual assault case.

In his ruling, Superior Court Judge Joel M. Pressman cited the fact that Doe was prevented from fully confronting his accuser in the trial, as well as insufficient evidence that sexual encounters occurred without Roe’s consent. Pressman also ordered the school to drop its suspension against Doe.

Pressman based his decision on the following: Roe filed the complaint four months after the sexual encounter, alleged there were two cases of sexual activity without her consent and one instance of retaliation. She told a campus investigator that the alleged assault had greatly impacted her, but text messages and testimony showed that she continued to spend time with Doe. She also told the investigator that she was too drunk to give consent before the encounters, but statements from 14 witnesses said otherwise.

The investigator determined that one allegation of sexual assault without consent was valid, and the findings were confirmed by a university panel. Doe was suspended for a semester and ordered to sexual harassment training and counseling.

Related: What’s Really Behind Rap Culture?

After he sent a letter to the school’s dean, the suspension was increased to a year, and another panel lengthened the suspension even more.

Doe told the Times that he is innocent and said he was surprised by the school’s findings. He said he had attended UC Davis trainings on sexual misconduct and was aware of the need to make sure sex was consensual — but says he was treated as guilty all along.

“The campus tribunal is basically a kangaroo court,” he said. “I knew I never did anything wrong.”

The case has drawn attention from around the country as many are concerned that sexual assault proceedings aren’t always fair to either side.

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TBH the fact that you're even a mod here fits squarely within Jag's narrative of OK-sanctioned aggression, bullying, and toxicity. *shrug*

  

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