@Demosthenes49, your posts substantiate you are a lawyer. 
Beg to differâŠimplied acquiesence is the question. Iâm not sure thatâs the same as implied consent. The young man has been charged but not indicted, so a grand jury will consider it first. Of course, heâll probably be indicted since itâs rare for a grand jury not to indict if the prosecutor wants it to.
I actually feel sorry for both young people here. I do think it illustrates why a young man should ask for affirmative consent before initiating sex.
Why would a campus create a study designed to prove that there is a rape epidemic on their own campus? Some have said that if numbers were really this high people would not send their kids, so the fact that there are students at all proves that the numbers are wrong. Would a campus âcook upâ then publish numbers that would scare people away? I see the Tulane/Loyola study as an attempt to understand what is happening in their joint community then institute and tweak policies and educational efforts to address that. Open efforts to make campus a safer place seem like the best way to assuage any parental hesitation about sending their student to any given institution. That seems like a much more sound assumption than the idea of a conspiratorial Jesuit feminist agenda.
In domestic violence cases, police are charged with investigating, even if victim drops charges, in some states with mandatory arrest statutes.
There are some things that you donât consent to.
I see it as a travesty and a tragedy that apparently in some cases both victims and attackers have such a f-up notion of what * boundaries* mean, that they cannot identify rape, unless it hits them over the head with a cast iron skillet.
http://www.louisianaweekly.com/tulane-hosts-panel-to-educate-students-on-rape-prevention/
Iâm optimisticâŠ
From dstarkâs article:
The drinking culture on many campuses is also a problem. All panelists agreed that women who were raped while drunk should not be blamed for their assault. However, the bacchanal atmosphere at many college parties creates an atmosphere conducive to assault. Kondkar said itâs dangerous to overstate alcoholâs role in college sex crimes, but it is a factor.
New Orleans colleges also must cope with the cityâs reputation as a party city, one that encourages drinking to excess. Many students view alcohol as an important part of their overall college experience.
âItâs a real problem,â said Scott Schneider, Tulaneâs associate general counsel. âWeâre an institution of higher learning, not a Sandals resort.â
Universities find themselves in a precarious position. If rape accusations are made, and a rapist is allowed to remain on campus, the safety of other students is at risk and the school could become vulnerable to litigation. But due process must be maintained and if a student accused of sexual assault is expelled, he could also sue if he feels he was treated unfairly. Schneider said these cases rarely end in a confession, so whenever a university adjudicates, one of the two parties is certain to be angry about the result.
âThese issues raise very challenging due process questions,â Schneider said.
Note - in a Title IX proceeding the University loses either way according to the Tulane associate general counsel. Their preference would be for fewer cases where campus investigations are necessary. Thatâs where education of all students comes in. If the gray area is as vast as people say, then educating both women and men should go a long way towards reducing incidences.
Yes. 
Yes
Iâve been away for a couple of days, so this is a reference to an old post, but I wanted to comment because TV4 cited a California case where two college students exchanged texts about having sex, and the woman later accused the guy of rape. TV4 used this as an example of getting texts about having sex, texts from a sober person, is not enough to inoculate a guy from later charges. I believe TV4 is refering to the Oxy case, but he has drawn the wrong conclusion. It is undisputed that the Oxy woman was puking, slurring, stumbling drunk when she texted. That was precisely why the guy was expelled from Oxy.
To all prosecutors on this forumâŠgood luck with that one.
You cannot analogize the two. In domestic violence cases, someone is getting physically injured (or do they prosecute for mental abuse? I havenât heard about that).
In rape cases, the perpetrator can wear silk gloves and treat the victim like a porcelain princess doll, yet still be prosecuted for rape if he didnât hear a âyes.â
in domestic violence caes, all that matters is that a report or call was made. No one actually needs to have been injured, that is for the investigation to decide.
yes emotional abuse, is still abuse.
if the prosecutor wants to take the case of someone accused of rape, but is a model citizen, well I guess that is her choice to spend the taxpayers money that way, but many cases are never brought to trial, if they are even reported, so I donât imagine that is a huge %
Hyperbole much?
Here is a case that is currently giving Tulane fits.
http://www.theneworleansadvocate.com/news/12251974-171/woman-who-accused-star-tulane
In a nutshell:
Female HS athletic recruit is at Tulane on a recruiting overnight. Her basketball team host purchases drinks for recruits then provides than with fake IDs to purchase more. They meet up with two male students, one a freshman football star. They go to the room of the male students to watch movies. The chaperone leaves. The heavily intoxicated HS student has very drunk but ostensibly consensual sex with one young man. She then passes out in his bed. That young man leaves the room and later the girl wakes to find that the second young man is having sex with her. She send a text message after the incident and eventually tells her parents. She goes to the hospital for a rape exam. She may have been legally raped by male #1 but does not feel that she has been and does not accuse him of rape. He is never a suspect and is not arrested. Young man #2 is arrested but later charges are dropped because the prosecutor doesnât feel that there is enough evidence to prove beyond a reasonable doubt that consent was not given. She is suing Tulane.
From the article (Our friend Schneider was a âthenâ lawyer so he must have moved on):
In an October interview, Scott Schneider, then a lawyer for the university, said Tulane had conducted a âmeticulousâ Title IX investigation into the womanâs claims and found no indication Veal âhad done anything wrong.â
âHe was found to be not responsible for sexual misconduct with the finding of the disciplinary panel,â Schneider said, adding that Veal had then been reinstated to the football team. Veal had been suspended after his arrest but permitted to continue attending classes after checking in with the schoolâs Police Department.
Another excerpt:
Authorities also have been reluctant to discuss the case. In August, when it was announced the rape charges had been dropped, prosecutors offered no explanation for their decision. The District Attorneyâs Office, in response to a public records request, released investigative police reports but withheld a host of documents, including 356 pages of records from Tulane that were apparently subpoenaed by a grand jury; 105 pages of text messages; 88 pages of medical records; several CDs containing statements; and other records.
âThe case was refused because the DA did not believe that we possessed evidence beyond a reasonable doubt that the individual committed the crime for which he was charged,â said Christopher Bowman, a spokesman for Cannizzaro.
The NOPDâs rape investigation was handled by Haynes, who was reassigned to patrol duty last year after his work and the investigations of four other detectives were slammed as severely lacking in a scathing report issued by New Orleans Inspector General Ed Quatrevaux. The report cited shoddy or nonexistent work on the part of NOPDâs Special Victims Section, saying those detectives in particular failed to document follow-up investigations in their cases.
While prosecutors ultimately refused the rape charge, their decision does not appear to stem from failures on Haynesâ part. The detective conducted numerous interviews and also sought DNA evidence. In his supplemental report, Haynes concluded the woman had been âin a state of inebriation which didnât allow her to have knowledge that (Veal) was having sex with her.â He pointed in part to text messages the woman sent shortly after the incident that suggested the sex occurred âwithout her knowledge.â
HmmmmmâŠ
I donât know about New OrleansâŠ
http://www.theneworleansadvocate.com/sports/tulane/10809798-123/ig-report-slams-work-of
Itâs not a good place to get justice if you are raped no matter who you are and what the circumstances. They went years without actually processing collected rape kits. It is no wonder that people often donât report.
I have another comment about a series of posts from @northwesty and TV4, making the spectacularly silly argument that if the the DOJ numbers are drastically wrong, we can still establish a trend from them.
No. We canât. Whatever those numbers are measuring might be decreasing, but if theyâre not measuring rapes-- and theyâre not-- then we canât use them to establish a trend in rapes. Moreover, the number of rapes theyâre finding is so small, and the year to year variability so big, that itâs not even clear there is even a trend to be found in their crummy numbers, even if you accept them.
Garbage in, garbage out.
http://news.yahoo.com/focus-rape-kit-tests-put-thousands-behind-bars-160737534.html
Hmmmm⊠Examine rape kits⊠Find rapistsâŠwhat a concept.
Itâs good that the old rape kits are finally being processed, but an article I read also tells of how many women were raped by the same suspects, in the years when the old kits was just waiting around. Do these victims have any redress against the slacker agencies that didnât test those kits for years and years?