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She Performs Fellatio on Blacked Out Male - He's Expelled
Amherst Sued Over Rape Rules Allegedly Stacked Against Male Students
Two years later, she finally filed a complaint at the urging of her new female campus victims-rights friends. Under Amherst's sexual assault adjudication procedures which focus on “empowering victims” rather than providing due process to the accused, and include a “yes means yes” standard of consent, he was found guilty of raping her, and he was expelled.
Although a campus panel did rule that he was likely “blacked out” during the incident, it nevertheless concluded that “eing intoxicated or impaired by drugs or alcohol is never an excuse.”
Now the college is being sued based upon text messages the female "victim" sent immediately after the incident showing that she, not he, was the guilty party. More specifically, she wrote: "It’s pretty obvi I wasn’t an innocent bystander," and "Oh my God I just did something stupid."
These two messages were sent just before she invited still another male student back to her place for sex the same night.
This is the type of Kafkaesque result which was predicted by public interest law professor John Banzhaf when colleges began adopting "yes means yes" and other policies which seemingly stack the deck against males accused of date rape.
This policy, which requires some kind of affirmative consent for each and every new step in the love-making process, and also places the burden on the male to determine (even if his own judgment is equally impaired by alcohol) if the female's consent is invalidated by her own intoxication, is bound to lead to some bizarre and grossly unfair results, as it apparently has in this situation, says Banzhaf.
Indeed, almost a year ago, he predicted something equally bizarre. As U.S. News then then reported:
"George Washington University law professor John Banzhaf, however, says the imprecise definition of ‘affirmative consent’ means couples who do not specifically discuss consent may be guilty of sexually assaulting each other, and that under the law a female student could be charged with sexual assault if she offers oral sex and her inebriated partner accepts."
“'This may seem bizarre that a guy who is presumably laying back and having oral sex and one assumes enjoying it - or at least tolerating it - is not consenting simply by doing that, but under that definition if he didn’t say 'yes,' she’s a sexual violator,' he says."
More than a dozen male victims who have already been victims of this type of campus justice have sued, and sued successful, notes Banzhaf.
JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW
Washington, DC 20052, USA
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