• Welcome to the new Internet Infidels Discussion Board, formerly Talk Freethought.

Campus "rape", a clear indication the univsities are doing it wrong

Loren Pechtel

Super Moderator
Staff member
Joined
Sep 16, 2000
Messages
43,959
Location
Nevada
Gender
Yes
Basic Beliefs
Atheist
http://www.dailymail.co.uk/news/art...footage-nightclub-clear-USC-student-rape.html

Yeah, it's the Daily Fail but they probably have the basic facts.

Summary: She accuses him of rape due to alcohol impairment. Oops--multiple security cameras show that she's the instigator and that she intended sex. The police figured it out and dropped all charges. The university, though....

article said:
USC is reportedly conducting its own investigation and Premjee could still be expelled.
 
http://www.dailymail.co.uk/news/art...footage-nightclub-clear-USC-student-rape.html

Yeah, it's the Daily Fail but they probably have the basic facts.

Summary: She accuses him of rape due to alcohol impairment. Oops--multiple security cameras show that she's the instigator and that she intended sex. The police figured it out and dropped all charges. The university, though....

article said:
USC is reportedly conducting its own investigation and Premjee could still be expelled.

Without the case transcript it is difficult to give an evaluation.

For instance a drunk person can also be instigator, more so than when sober but in English and Californian Law. In such circumstance it suggests an argument for non-consent if the case is brought to court.

So the surveillance tapes may not provide a full explanation.

In English and Californian Laws, consent can be withdrawn anytime during intercourse.

This gets complex when the defendant claims he did not know consent was withdrawn (known as mistake of fact).

At the same time the person claiming rape may claim that she felt through fear that consent could not be withdrawn.



It would be good to see more detailed reports.
 
Why hasn't she been named ? And why no investigation of her ? She should be the one expelled.
 
First, if the OP poster had bothered to read his own OP, the police did not "figure it out". A judge dismissed the case.

Second, neither the article nor the OP poster knows what and who the University is investigating at this point. Nor has there been a conclusion to the investigation. So, it is premature to claim the University is getting it wrong.
 
Campus "rape", a clear indication that Loren is still talking about it wrong

1. You have no idea what actually happened in the room. Consent or even being the initiator to kissing and lewd gestures at the bar does not guarantee that she gave consent to any type of sexual act in her room. I am not suggesting that the young man should be convicted of rape given what we know (and don't know), but YOU do not get to claim that no rape happened later at her dorm because of the young woman's behavior in the bar.

Let's be crystal clear on this point, because it is important. A hypothetical woman can be the "initiator" every single step of the way, but the minute she withdraws consent and he continues anyway - he is raping her.

2. University policy is not the same thing as city/state/federal criminal laws. As Laughing Dog has already pointed out, you have no idea what, exactly, the University is investigating at this point; so you have zero room to claim the University is "doing it wrong". But as we have seen in other situations, some Universities have conduct policies (these are not laws) against against having sex with someone who is obviously inebriated. IF a student is expelled for violating any university policy, this is not an example of them "doing it wrong" because university conduct policy is not the same thing as city/state/federal criminal law.
 
If you know a person is drunk and they are instigating sex is it legal to have sex with them?

Does a person have some responsibility for what they do if they willfully consume alcohol?
 
If you know a person is drunk and they are instigating sex is it legal to have sex with them?

Does a person have some responsibility for what they do if they willfully consume alcohol?

"Legal"? Depends on the municipality/state/country, but it is probably not a crime or convictable as long as the drunk person is not provably passed out.


But the two key point here are that:

1. Consent to one act (regardless of whether anyone involved is drunk) is not automatically consent to anything else.

2. Universities don't make "laws" so a discussion of what is "legal" is moot.
 
If you know a person is drunk and they are instigating sex is it legal to have sex with them?

Does a person have some responsibility for what they do if they willfully consume alcohol?

"Legal"? Depends on the municipality/state/country, but it is probably not a crime or convictable as long as the drunk person is not provably passed out.

But the two key point here are that:

1. Consent to one act (regardless of whether anyone involved is drunk) is not automatically consent to anything else.

I thought the claim here was the person was not capable of giving consent since they were too drunk?
 
"Legal"? Depends on the municipality/state/country, but it is probably not a crime or convictable as long as the drunk person is not provably passed out.

But the two key point here are that:

1. Consent to one act (regardless of whether anyone involved is drunk) is not automatically consent to anything else.

I thought the claim here was the person was not capable of giving consent since they were too drunk?

The claim here, by Loren, is that the University is "doing it wrong" because they continue to investigate if the two students involved in this case violated University code of conduct.

In general, sex without consent is rape. People in certain conditions are considered, prima facie, incapable of consent - minors, mentally incapacitated, and drunk/drugged after a certain point... i.e. passed out or too far gone to understand the nature and consequences of the situation.

The problem is determining "too drunk" - which is why anyone who actually gives a damn about not raping or (failing concern about the other person) self-preservation, should avoid having sex with relative strangers where they cannot confirm age, mental capacity and/or sobriety.

In the OP case, clearly the Judge believed that the woman was (1) not drunk to the point of incapacity, and (2) not raped in her dorm. I will assume that he had additional evidence we are not privy to in making his decision.

I will, however, dispute article's assumption that the woman's behavior in the bar has any bearing on whether she was raped in her dorm room. One has nothing to do with the other, and her sobriety or lack of does not play into that point.

And I will dispute Loren's position that a Judge's ruling of no rape automatically means the young man is also innocent of violating University policy. One has nothing to do with the other, and it is up to the University to determine if their own code of conduct was violated.
 
Campus "rape", a clear indication that Loren is still talking about it wrong
Why?

1. You have no idea what actually happened in the room. Consent or even being the initiator to kissing and lewd gestures at the bar does not guarantee that she gave consent to any type of sexual act in her room.
What does it matter that it "does not guarantee"? Should male students be punished if it can't be guaranteed that the sex was consensual? The burden of proof should be on the girl to prove she did not consent, not on the guy to prove she did.

I am not suggesting that the young man should be convicted of rape given what we know (and don't know), but YOU do not get to claim that no rape happened later at her dorm because of the young woman's behavior in the bar.
None of us is omniscient. But the probability is highly skewed toward this being a consensual hookup that the girl decided she regretted at some point thereafter. But a woman should not be able to withdraw consent retroactively.

Let's be crystal clear on this point, because it is important. A hypothetical woman can be the "initiator" every single step of the way, but the minute she withdraws consent and he continues anyway - he is raping her.
But she should have to prove it. Unfortunately universities often just take her word for it and expel the male student regardless of evidence. In the North Dakota case that led to the perverse outcome of the girl being criminally charged with filing a false report but the university still expelling the male student.

2. University policy is not the same thing as city/state/federal criminal laws.
No shit Sherlock! But even so, university policy should be sensible and not capricious and biased against male students.

As Laughing Dog has already pointed out, you have no idea what, exactly, the University is investigating at this point;
Sure, we cannot guarantee that they are not investigating her. But the overwhelming likelihood is that they are investigating him.


But as we have seen in other situations, some Universities have conduct policies (these are not laws) against against having sex with someone who is obviously inebriated. IF a student is expelled for violating any university policy, this is not an example of them "doing it wrong" because university conduct policy is not the same thing as city/state/federal criminal law.

Again, university policies should not be capricious or biased based on gender. if two people are drunk, and always the male student is expelled because he had sex with somebody drunk, and the female is always treated as an innocent victim even though she did exactly the same as the male student, then the system is obviously broken.

- - - Updated - - -

I will, however, dispute article's assumption that the woman's behavior in the bar has any bearing on whether she was raped in her dorm room. One has nothing to do with the other, and her sobriety or lack of does not play into that point.
It most certainly does have a bearing. The claim was that she was too drunk to consent. The footage showed her not being too drunk to consent. The footage also showed her to be the sexual aggressor, but despite this feminists like you take her side just because she is female.
And I will dispute Loren's position that a Judge's ruling of no rape automatically means the young man is also innocent of violating University policy. One has nothing to do with the other, and it is up to the University to determine if their own code of conduct was violated.
The policy in question is the one dealing with sexual assault and rape. If whether he violated this policy has nothing to do whether he actually sexually assaulted or raped anybody, then the policy is most certainly faulty and should be revised. Often universities will treat any alcohol consumption as evidence of "too drunk to consent" but only against the guy, never against the girl.
 
The policy in question is the one dealing with sexual assault and rape. If whether he violated this policy has nothing to do whether he actually sexually assaulted or raped anybody, then the policy is most certainly faulty and should be revised.

prove it

(the rest of your nonsense isn't worthy of reply)
 
The policy in question is the one dealing with sexual assault and rape. If whether he violated this policy has nothing to do whether he actually sexually assaulted or raped anybody, then the policy is most certainly faulty and should be revised.

prove it
What's there to prove? It's true by definition. If a sexual assault policy has nothing to do with whether sexual assault was actually committed (for example by expelling a male student who engaged in consensual sex just because the female was drinking, even if the male student was also drinking) then it is obviously a bad policy. And if it is applied against male students only, it is also a sexist policy.

(the rest of your nonsense isn't worthy of reply)
Oh it is. It just challenges your messed up worldview when it comes to expelling innocent male students.
 
This situation is a bit strange. The woman was convincing enough that the police conducted an investigation and the DA went ahead with the case. Then the judge dismissed the case. So it is possible the sex was consensual (as the judge seemed to rule) or it is possible the judge is wrong. According to the cited story, the woman has no memory of what happened.

Now, the University is conducting an investigation, although we don't know what policies or code of conduct are being looked at nor do we know who is being investigated.

Yet, the "rape apologists" are all in a dither about the wrong doing of the University and the unfairness of its polices even though not a single one of them has any idea what is actually going on.
 
What's there to prove? It's true by definition. If a sexual assault policy has nothing to do with whether sexual assault was actually committed (for example by expelling a male student who engaged in consensual sex just because the female was drinking, even if the male student was also drinking) then it is obviously a bad policy. And if it is applied against male students only, it is also a sexist policy.

(the rest of your nonsense isn't worthy of reply)
Oh it is. It just challenges your messed up worldview when it comes to expelling innocent male students.

For the millionth time in such discussions:

Criminal law and university policy are not the same things. They do not carry the same weight, they do not carry the same burden of proof, they do not carry the same consequences.

For example, a university cannot imprison a student who violates any of its policies. A university can expel a student who violates a university policy in some circumstances.
 
Campus "rape", a clear indication that Loren is still talking about it wrong

1. You have no idea what actually happened in the room. Consent or even being the initiator to kissing and lewd gestures at the bar does not guarantee that she gave consent to any type of sexual act in her room. I am not suggesting that the young man should be convicted of rape given what we know (and don't know), but YOU do not get to claim that no rape happened later at her dorm because of the young woman's behavior in the bar.

Let's be crystal clear on this point, because it is important. A hypothetical woman can be the "initiator" every single step of the way, but the minute she withdraws consent and he continues anyway - he is raping her.

2. University policy is not the same thing as city/state/federal criminal laws. As Laughing Dog has already pointed out, you have no idea what, exactly, the University is investigating at this point; so you have zero room to claim the University is "doing it wrong". But as we have seen in other situations, some Universities have conduct policies (these are not laws) against against having sex with someone who is obviously inebriated. IF a student is expelled for violating any university policy, this is not an example of them "doing it wrong" because university conduct policy is not the same thing as city/state/federal criminal law.

The two points are extremely relevant in any case of this sort. Through case law the courts (UK and USA) have confirmed that consent can be withdrawn at any time which are also in the California Penal Act (262) which I looked up yesterday. Universities of course also have their policies which they are permitted to apply, in respect to violating particular rules etc.

Another point is that if a person is drunk , it does not matter if they instigated the act because the particular state they are in. I would be surprised if a case is dropped purely on the video surveillance.



Since there is no clear picture of the case it's not possible to form a clear picture on what the outcome but noting the points above.
 
This situation is a bit strange. The woman was convincing enough that the police conducted an investigation and the DA went ahead with the case. Then the judge dismissed the case. So it is possible the sex was consensual (as the judge seemed to rule) or it is possible the judge is wrong. According to the cited story, the woman has no memory of what happened.

Now, the University is conducting an investigation, although we don't know what policies or code of conduct are being looked at nor do we know who is being investigated.

Yet, the "rape apologists" are all in a dither about the wrong doing of the University and the unfairness of its polices even though not a single one of them has any idea what is actually going on.

The media gave a very sketch report. I would have thought that access to the case records would have been useful.

Generally if she was drunk then she was not in a fit state to give consent regardless of any video. Instigating it would have nothing to do with it.

Rape cases tend to be complex. While there are some cases falsely filed, there are many which are valid that have been filed and should have been filed.
 
Has there yet been a campus case where the drunk person was male, the person taking advantage and "raping" without consent was female, and the latter was expelled?
 
I thought the claim here was the person was not capable of giving consent since they were too drunk?

The claim here, by Loren, is that the University is "doing it wrong" because they continue to investigate if the two students involved in this case violated University code of conduct.

The rape claim.

That is what my questions were about.

Why you shift to some other claim is telling.

The questions again:

If you know a person is drunk and they are instigating sex is it legal to have sex with them?

Does a person have some responsibility for what they do if they willfully consume alcohol?
 
USC is reportedly conducting its own investigation and Premjee could still be expelled.

Hey folks here is the reality:
  • USC is required by Title IX to investigate.
  • As pointed out USC's worst punishment is expulsion.
  • The student has all their liberties and is free to attend another university if expelled, or can return in good standing if found not responsible or suspended.
  • The student has the right to appeal within the college after which the student has the right to appeal in court (unlikely to win because of (1) internal due process, (2) constitutional autonomy of the California university system from other branches of government.
  • The requirement of due process for public schools is fulfilled.
  • The school's has fulfilled its obligations under Title IX.
 
Last edited:
For the millionth time in such discussions:
Criminal law and university policy are not the same things.
Nobody is claiming that they were. But if both are about sexual assaults, then both should be about whether sexual assault was committed.
You, RavenSky et al act as if merely saying that "criminal law and university policy are not the same things" it justifies any arbitrary, capricious or biased university policy.
They do not carry the same weight, they do not carry the same burden of proof, they do not carry the same consequences.
Yes, yes, yes, but they are about the same underlying accusation. Thus, if a student did not commit sexual assault, he should not be found responsible by college kangaroo tribunal either. You act that even if no sexual assault took place, universities are still justified in expelling male students because they can put anything they want in their policy. And that's just wrong.
 
Back
Top Bottom