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re: Male Student is Possibly Raped; Gets Expelled for Sexual Assaut
Posted on 7/21/15 at 1:20 pm to VOLhalla
Posted on 7/21/15 at 1:20 pm to VOLhalla
Do you know why it was "undisputed"?
He was deprived of his due process rights. He was procedurally prevent from cross examining his accuser. His only "recourse" was writing down questions that the panel had the ability to decide whether or not to ask. On top of that, she was allowed to write her responses to the question instead of audibly responding (which the investigator found she was capable of doing), which only works in favor of her credibility. Part of requiring a person to audibly respond is that you can assess the content of the statement as well as the tone and manner in which it is given.
This doesn't even address the fact that she lied to the investigator/panel, withheld exculpatory evidence (think Brady violation), he was deprived of having counsel present, the investigator had no subpoena power, etc.
Moreoecer, by Amherst own policies, they had/have (but refuse to look at) evidence showing that she committed sexual assault. In the immediate aftermath of the event, she texted a friend saying he was intoxicated.
Please explain how he gave affirmative consent to her when, in her own words, he was intoxicated and thus could not give consent to her performing oral sex on him?
He was deprived of his due process rights. He was procedurally prevent from cross examining his accuser. His only "recourse" was writing down questions that the panel had the ability to decide whether or not to ask. On top of that, she was allowed to write her responses to the question instead of audibly responding (which the investigator found she was capable of doing), which only works in favor of her credibility. Part of requiring a person to audibly respond is that you can assess the content of the statement as well as the tone and manner in which it is given.
This doesn't even address the fact that she lied to the investigator/panel, withheld exculpatory evidence (think Brady violation), he was deprived of having counsel present, the investigator had no subpoena power, etc.
Moreoecer, by Amherst own policies, they had/have (but refuse to look at) evidence showing that she committed sexual assault. In the immediate aftermath of the event, she texted a friend saying he was intoxicated.
Please explain how he gave affirmative consent to her when, in her own words, he was intoxicated and thus could not give consent to her performing oral sex on him?
0
Posted on 7/21/15 at 1:22 pm to Scruffy
Duly noted. But it's a circle jerk thread. A little contrast is good.
I didn't expect anyone to take that seriously, just screaming the opposite direction into this echo chamber.
I didn't expect anyone to take that seriously, just screaming the opposite direction into this echo chamber.
Posted on 7/21/15 at 1:24 pm to LucasP
Oh, Scruffy realizes that. He just likes seeing people bite on trolls and it disappoints him when they skip over good ones.
Posted on 7/21/15 at 1:24 pm to moneyg
quote:
Is there any evidence of that at all? Do you think that there is no need for evidence?
Her testimony is evidence.
Posted on 7/21/15 at 1:25 pm to Scruffy
That last one wasn't very good.
Even the Beatles had bad songs every once in a while.
Even the Beatles had bad songs every once in a while.
Posted on 7/21/15 at 1:25 pm to Scruffy
If someone really just wanted to troll on this site they would never leave the poli board.
Posted on 7/21/15 at 1:25 pm to VOLhalla
quote:I am going to pay a woman to go and accuse all 22 starters of the Tennessee football team of rape. According to you, they should all fairly be kicked off. Good talk
Her testimony is evidence.
Posted on 7/21/15 at 1:26 pm to VOLhalla
quote:
People react to being raped in different ways. Not everyone who is raped turns into a crying mess. There is no definitive way to sound like you were or weren't raped
well isn't that convenient
Posted on 7/21/15 at 1:27 pm to VOLhalla
You know he means physical evidence. Stop being silly.
Posted on 7/21/15 at 1:28 pm to VOLhalla
quote:
they exist to determine if a student should be suspended or expelled
Yet they do not have any sort of due process, and especially in this situation, the defendant is treated guilty until he proves himself innocent.
When the college actually acts on these kangaroo court's opinions, they tarnish someone's reputation on the decision from a flawed system. You're damn right if they are wrong, they are hurting someone's potential future earnings.
Posted on 7/21/15 at 1:31 pm to LucasP
quote:And that is where Scruffy spends most of his time.
by LucasP
If someone really just wanted to troll on this site they would never leave the poli board.
Posted on 7/21/15 at 1:32 pm to LesMiles BFF
quote:
You know he means physical evidence. Stop being sill
Why does there need to be physical evidence? What's screwing the guy in this case is that he isn't even denying doing it.
Posted on 7/21/15 at 1:32 pm to VOLhalla
quote:
Her testimony is evidence.
her written responses to almost scripted questions is not very valuable in terms of evidence
testimony only has real value if it is cross examined in real time. that's the entire point of the cross
Posted on 7/21/15 at 1:36 pm to SlowFlowPro
Exactly. His panel-appointed attorney should have known that.
Oh wait...I forgot he was provided with an advisor who had to take time out of his busy social justice schedule to incorrectly "advise" but not advocate for Doe.
Oh wait...I forgot he was provided with an advisor who had to take time out of his busy social justice schedule to incorrectly "advise" but not advocate for Doe.
This post was edited on 7/21/15 at 1:37 pm
Posted on 7/21/15 at 1:36 pm to SlowFlowPro
quote:
her written responses to almost scripted questions is not very valuable in terms of evidence
testimony only has real value if it is cross examined in real time. that's the entire point of the cross
It isn't very strong but it's uncontested. He doesn't mount a defense - he just says he has no idea. The only thing that could be held against her is that her texts don't scream "raped."
Posted on 7/21/15 at 1:39 pm to VOLhalla
He could have used those of she hadn't lied about their existence or withheld them from the investigator.
Although you correctly state this isn't s criminal proceeding, you do know that Amherst's student handbook doesn't trump his due process rights, don't you?
Although you correctly state this isn't s criminal proceeding, you do know that Amherst's student handbook doesn't trump his due process rights, don't you?
Posted on 7/21/15 at 1:39 pm to VOLhalla
quote:
Why does there need to be physical evidence? What's screwing the guy in this case is that he isn't even denying doing it.
She's not denying SHE fricked HIM. She said so in her texts.
Posted on 7/21/15 at 1:40 pm to VOLhalla
quote:
The only thing that could be held against her is that her texts don't scream "raped."
interpreting her texts as being in any way associated with rape requires a severe suspension of disbelief
Posted on 7/21/15 at 1:40 pm to upgrayedd
quote:
She's not denying SHE fricked HIM. She said so in her texts.
Yeah. You do realize that you can consent to sex and then withdraw that consent at any time, right?
Posted on 7/21/15 at 1:41 pm to VOLhalla
quote:
It isn't very strong but it's uncontested. He doesn't mount a defense - he just says he has no idea. The only thing that could be held against her is that her texts don't scream "raped."
Maybe the biggest issue of your entire argument is you are using legal terms, legal definitions, and basing your opinion on this entire case like it was an actual court case.
Should the school use accounting students to figure out the budget? Should the school use engineering students to build the academic facilities?
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