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May 16, 2018

#HeToo: Now a Male Student Accuses a Female Student of Sexually Assaulting Him, Noting That His Drunken Condition Made Consent Impossible

And the Kampus Kangaroo Kourt actually did find that the female student had assaulted him, and has forbidden her from campus until he graduates.

Ashe Schow:

It's finally happened. A male student has accused a female student of sexual assault, claiming he was too drunk to consent to sexual activity. The school, shockingly, found the woman responsible and suspended her until the male student graduates. Now she, like so many wrongly accused male students, is suing her university for violating her due process rights. The case is an unfortunate necessity to show how absurd the current campus environment surrounding sexual assault has become.

The female student, referred to in court documents as Jane Roe, is suing the University of Cincinnati. As an added twist, Jane's lawyer is arguing the school also violated the Equal Protection guarantees of the Fourteenth Amendment, because the university could just as easily have made a case against the male student who accused her, referred to as John Doe in court documents.

That's a point a lot of critics have made against this system: Usually in drunk hook-up situations, both parties are inebriated -- why do schools say that the male student assaulted the female one, given that both were mentally impaired?

The switch here is that the female accused is pushing on this same weak point, noting that she too was inebriated, and also could not deliver consent with the 100% mental acuity our basket-case universities now take as necessary for sexual activity.

Schow notes that schools rarely investigate this idea -- that both parties were drunk, and therefore any charge based on the idea that it's assault to fool around with a drunk person leads to the conclusion that both "assaulted" each other -- but instead seem to follow a First To File rule: Whoever is the first one to file the case is the victim. Period.

Here, John Doe filed first. He's the victim. Jane Roe is therefore the rapist.

The Law on Rape is now the same as the rule for riding shotgun: Whoever "calls it" first, wins.

It gets more knotty:

Jane believes that John only accused her of sexual assault because she had previously made an accusation against one of his friends.

Robby Soave of Reason has another theory: "Doe woke up, realized they had engaged in sexual activity while they were both drunk, and feared that she would file a complaint against him, as she had done to his friend. Panic-stricken, he felt he had no choice but to beat her to the punch."

That's one way to game the system.

Of course, if the system were made less insane, people wouldn't have to scheme about filing rape charges in a consensual hook-up out of fear for having rape charges filed against themselves.

BTW, if you're wondering, "If he was drunk, how could he actually have sex?," well, they didn't have sex. She says he went to the Hot Corner, he says he's not sure if that happened or not.

And no, I don't feel shame about treating his (maybe) sliding into third in a joking manner. After all, she's the rapist. A college Sex Court said so and everything.

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posted by Ace of Spades at 03:43 PM

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