Was found "responsible" by campus tribunal for sexual relations he says were consensual....
John Doe claims that twice, he had consensual sex with a student identified in the lawsuit as Jane Doe. The first encounter occurred in his room at the Pi Kappa Phi fraternity house where they went after an off-campus party on Feb. 8. Both had been drinking, he said. He claims they sat on chairs in his room and talked for about an hour. He said Jane Doe then said that while she doesn’t usually have sex with a man when she first meets him, she found him very interesting. He said she moved toward him, initiated kissing, took off her clothes except for her underwear and got into bed with him. He said at no point did she say she did not want to have sex. He claims she spent the night, that he contacted her later through Facebook and that they had sex again in early March. He said she told her friends she had a good time. But at a Pi Kappa Phi St. Patrick’s Day party a few weeks later, Jane Doe left when she saw him kissing another woman, who is now his girlfriend.Well, haven't we all been there.
My appearance on The Steve Malzberg Show on Newsmax TV....
Publisher to Alter Lena Dunham Book After Rape Story Questioned, Attorney Says The publisher of Lena Dunham's book, Not That Kind of Girl, will tweak a passage where the star and creator of the Girls TV show describes how she was raped in college by a Republican named "Barry," an attorney for the man told The Hollywood Reporter on Monday. Attorney Aaron Minc said he has been in contact with Dunham's lawyers at Ziffren Brittenham in Los Angeles who assure him that future printings of the book, subtitled "A young woman tells you what she's 'learned,' " will come with a disclaimer that "Barry" is not the real name of the man who raped Dunham when the two were students at Oberlin College a decade ago.In an even more explosive development, Random House has offered to pay the legal fees for the accused man known only as "Barry One."
My column at National Review....
INVESTIGATION: Lena Dunham ‘Raped by a Republican’ Story in Bestseller Collapses Under Scrutiny After a month-long investigation that included more than a dozen interviews, a trip to the Oberlin campus, and hours spent poring through the Oberlin College archives, her description of the campus remains the only detail Breitbart News was able to verify in Dunham's story of being raped by a campus Republican named Barry. On top of the name Barry, which Dunham does not identify as a pseudonym (more on the importance of this below), Dunham drops close to a dozen specific clues about the identity of the man she alleges raped her as a 19-year-old student. Some of the details are personality traits like his being a “poor loser” at poker. Other details are quite specific. For instance, Dunham informs us her rapist sported a flamboyant mustache, worked at the campus library, and even names the radio talk show he hosted. To be sure we get the point, on three occasions Dunham tells her readers that her attacker is a Republican or a conservative, and a prominent one at that -- no less than the "campus's resident conservative." For weeks, and to no avail, using phone and email and online searches, Breitbart News was able to verify just one of these details.Nolte's report is long but worth reading in full. Breitbart's investigative work was so thorough that Eugene Volokh of the Washington Post is already entertaining a scenario in which the accused man identified as 'Barry' could sue Dunham.
Jackie told the Post that she had not intended to share her story widely until the Rolling Stone writer contacted her. “If she had not come to me I probably would not have gone public about my rape,” said Jackie...There are many such quotes in the WaPo article that are very telling about Jackie's state of mind. She wanted to tell her story, but was reluctant to give out too many facts or to go to authorities, because she knew her veracity would be challenged. In fact, she even asked Erdely to leave her out of the article, but Erdely insisted on keeping her in [emphasis mine]:
The court in its 6-3 ruling reversed earlier decisions that forced an alleged rapist to establish a preponderance of evidence that a victim consented to sex. The court said such a burden violated constitutionally protected rights and also wrongly interpreted precedent set by the U.S. Supreme Court. "When a defense necessarily negates an element of the crime charged, the State may not shift the burden of proving that defense onto the defendant," the ruling said. "Requiring a defendant to do more than raise a reasonable doubt is inconsistent with due process principles," Justice Debra Stephens wrote, adding that doing so raises "a very real possibility of wrongful convictions."The media has predictably framed this ruling as one that "could make it more difficult for rape victims to get justice":
"There's another person whose rights need to be taken into consideration, and that's the victim." Six of the nine justices agreed to reduce the rape defendant's burden, saying that 25 years of earlier rulings were incorrect and harmful to the constitutional presumption of innocence. "The prosecutors are going to have to spend much more time describing to the jury and presenting evidence to the jury regarding how the victim responded to those threats, what their body language is, what kind of noises they made, how quickly did they capitulate to the demand that they say that they wanted it." When we talked with YWCA sex assault victim advocate Emily Cordo, she was fearful of the ruling's impact, because now prosecutors will have to prove forcible rape victims did not consent. "Victims have to worry about whether they're going to be treated with respect, and whether they're going to be believed." The three justices in the minority agreed, writing that the majority ruling retreats "to the archaic focus on a rape victim's actions."
We call on the university to withdraw this sexual harassment policy and begin the challenging project of carefully thinking through what substantive and procedural rules would best balance the complex issues involved in addressing sexual conduct and misconduct in our community. The goal must not be simply to go as far as possible in the direction of preventing anything that some might characterize as sexual harassment. The goal must instead be to fully address sexual harassment while at the same time protecting students against unfair and inappropriate discipline, honoring individual relationship autonomy, and maintaining the values of academic freedom.28 professors from one of the finest law schools on the planet believe that these laws go to far. They're not just a change in policy; they redefine the meaning of "sexual assault," and "consent." They're a gross overreach into the lives of students that flies in the face of the basic concepts of justice and due process. Chief Voxsplainer Ezra Klein recently penned an article explaining why he believes affirmative consent regulatory overreach---and subsequent overregulation of the sex lives of young Californians---will eliminate the alleged culture of "sexual entitlement" on college campuses. In Ezra Klein's illiberal utopia, we achieve that goal by making examples out of men whose only crime is that they are male:
