Accused of sexual misconduct, male student sues Columbia University

[ucbalumnus]

<p>

@Hunt

Legally, it’s a bit more complicated than that. Here, for example, is the New York law: <a href=“Offices, Services & Centers | Sarah Lawrence College”>Offices, Services & Centers | Sarah Lawrence College; (I’m assuming that this is current.)Non-consensual sex is probably rape, although it can be a different crime under some circumstances.

</p>

<p>It seems hard to come up with a circumstance where non-consensual sex does not fall into one of the rape definitions listed (which cover underage, forced, and incapacity due to being physically helpless or mentally disabled). Even if such a circumstance can be found, it would be the crime of “sexual misconduct”, which is a class A misdemeanor punishable by up to a year in jail.</p>

[siliconvalleymom]

<p>The facts as reported in the complaint make his case against Columbia seem pretty strong. What a difference to read that version.</p>

[lvvcsf]

<p>To be fair that is only one side of the story. I am of the opinion that the school should handle violations of school rules. If that violation also breaks a law then the matter should be handed over to the appropriate authorities. In this case the school should have heard her complaint. As soon as she stated the sex was non-consensual, they should have offered to facilitate the filing of charges. If what the suit against Columbia is saying is true, it is likely she would have not pursued charges and the matter would be dropped. </p>

[MrMom62]

<p>

If you use the word, “rape” people have one set of visceral reactions; of course a rapist should serve time in jail. But, call the same act, “non-consensual sex”, and suddenly an entirely different trope is triggered, and people start posting about plea bargaining and “alternative penalties”. I got the response I expected.

</p>

<p>I’m not sure what point you’re trying to make. Without being specific about what actually happened and what acts were performed, there are many crimes that “non-consensual sex” can be covered by other than rape, including sexual assault and sexual battery. All do not involve jail time. Sometimes, because of the difficulty in proving these cases, not to mention the trauma about testifying, lesser charges are plead to, any one of which would be sufficient to trigger additional penalties by the university. None of it is as black and white as your seem to be presenting, which is exactly why it shouldn’t be handled by non-law enforcement personnel.</p>

[ucbalumnus]

<p>

@MrMom62

Without being specific about what actually happened and what acts were performed, there are many crimes that “non-consensual sex” can be covered by other than rape, including sexual assault and sexual battery.

</p>

<p>Sexual assault or battery does not necessarily involve sexual penetration, the usual assumed meaning of “sex [act]”.</p>

[MrMom62]

<p>I know that, although it does vary by jurisdiction. Those charges are often used because they involve lesser minimum sentences. And let’s be honest, there is a vast difference between non-consensual sex between acquaintances who were previously fooling around vs. someone who attacks in the dark and drags the woman off to be assaulted in an alley. Both are crimes, but if you insist they are the same, it will be very difficult to get a conviction for the former, particularly when the punishment is what is intended for the latter.</p>

<p>As for assumed meaning, this is the post-Clinton era, where we debate the meaning of everything, especially what constitutes “sex”.</p>

[circuitrider]

<p>@MrMom62‌

I’m not sure what point you’re trying to make. Without being specific about what actually happened and what acts were performed, there are many crimes that “non-consensual sex” can be covered by other than rape, including sexual assault and sexual battery.

That might be true where you live, but, not where Columbia is located. There, one of the first things a survivor of acquaintance rape would have to ask themselves is whether they want a former friend or boyfriend to spend a year and a half in prison, the minimum sentence (not counting credit for good behavior) for a Class E felony.</p>

[MrMom62]

<p>It works both ways, you know. Perhaps they should mention that at Columbia orientation - might make more than a few guys think twice. How many are even aware of that penalty? And perhaps that is the solution - IF you do this, it will be turned over to the police and this is what may happen to you, not to mention being placed for life on the sex offender list. It’s difficult to argue about deterrence if you don’t make people aware of the possible consequences</p>

[circuitrider]

<p>@ucbalumnus‌

Of course, third parties (police, courts, university administrations) trying to figure out if sex was consensual or not at the time of the act (as opposed to someone deciding later that s/he would rather not have done it) can be murky in a “s/he said, s/he said” type of problem, especially months after the act

</p>

<p>It’s hard to believe it’s been only 18 months since the Amherst case first kickstarted this whole reform effort. There were so many egregious mistakes made by college authorities that it’s easy to forget the accuser originally waited an entire year before reporting the incident:
<a href=“http://amherststudent.amherst.edu/?q=article/2012/10/17/account-sexual-assault-amherst-college”>http://amherststudent.amherst.edu/?q=article/2012/10/17/account-sexual-assault-amherst-college&lt;/a&gt;&lt;/p&gt;