Posted on 10/01/2019 10:23:24 AM PDT by Red Badger
A federal district judge has allowed a male student’s defamation lawsuit against a female student who accused him of rape to survive a motion to dismiss.
The male student, whom The Daily Wire will call John Doe, was accused of raping a female student, who shall henceforth be named Jane Roe. The two students attended Syracuse University.
In 2017, the two attended a party at John’s fraternity, which was co-hosted by Jane’s sorority. Surveillance footage from the night showed the two students entering John’s room around 12:30 in the morning. The two awoke in the same bed the next morning, fully clothed, with no memory of what happened the night before.
The following day, Jane went to Crouse Hospital in Syracuse, New York for a sexual assault examination. Because she didn’t remember the night before, she assumed she was drugged. She received a sexual assault examination, which found caffeine and marijuana in her bloodstream. A bloodstain was found on the crotch area of her white leotard, but there was no blood on her underwear. There were also two “tears” to Jane’s labia, but “no internal cuts or abrasions to vaginal walls and she had smooth hymen edges,” according to Judge Roslynn R. Mauskopf’s summary of the case contained in her ruling. The ruling was first reported by Reason’s Eugene Volokh.
A DNA analysis of Jane’s vagina found no male DNA.
Despite these findings, indicating no sex occurred, Jane reported John to the Syracuse Police Department. Police investigated the claim and closed the case without charging John, since there was no physical evidence that any sexual contact occurred and Jane said in interviews she couldn’t remember what happened that night. Syracuse police forwarded the results of their investigation to the Onondaga County District Attorney’s Office, which conducted its own investigation and came to the same conclusion as the police. The report from the DA concluded, “There is no credible proof of any sexual conduct in this case, consensual or non-consensual.”
In June 2017, however, Jane took her claims to Syracuse University’s Title IX department. Jane initially told school investigators that she had no memory of the night in question but weeks later said she experienced “sudden flashes of memories following a visit to a therapist.”
After these allegedly recovered memories, Jane claimed John raped and sodomized her without her consent. Despite no physical evidence of her claims, Syracuse expelled John based on Jane’s say-so alone.
Jane went to John’s fraternity the next day and bragged that “her rapist was expelled,” according to court documents.
John moved to New Jersey and enrolled at the New Jersey Institute of Technology (NJIT). He also obtained an internship with Bohler Engineering.
Jane then began publicly claiming that John was a “rapist,” which resulted in him losing his internship. John included six instances of Jane’s “defamation.”
Jane sent a text to John’s friends, calling him a “violent rapist.” Jane sent a text to one of John’s other friends, calling him a “monster.” On Facebook, Jane called John a “rapist” and claimed it was not the first time he “has raped someone and I want to make sure that it is the last.” She posted his picture, marked the location as NJIT, and tagged both NJIT and Bohler in the post. On LinkedIn, Jane called Goldman a “rapist” and tagged NJIT and Bohler once again. Jane also messaged Bohler directly on Facebook. Bohler responded by saying it “elected to immediately terminate the employment relationship” with John based on Jane’s “allegations.” Jane then posted that she was “feeling happy” that John lost his internship, again calling him a “monster” and “a disgusting excuse for a man.” Finally, Jane “reviewed” NJIT, claiming, “A school that accepts recently expelled rapists, despite it being marked on their transcript…………………. “
Judge Mauskopf accepted most of John’s arguments that Jane had defamed him except one – about John’s fear that he may be expelled by NJIT for Jane’s claims. Because nothing has actually happened to him at NJIT, his fears are (so far) not related to any actual actions.
Jane’s attorneys tried to push back on John’s claims, saying that John didn’t suffer any injury due to her conduct, even though John was clearly expelled from Syracuse and fired from his internship as a direct result of her claims.
But women never lie about rape...
#BelieveHer
Scary stuff!!!
I have a son in college, and one in HS still.
Scary to think this can happen!
No man’s life, liberty, or property are safe as long as court is in session.
A tort? The penalty for a false accusation should be the same as what the defendant would have received if convicted.
I think rape should be punishable by death (given a high bar for conviction).
The penalty for a false accusation of rape in that scenario would then be death.
Both rape, and false accusations of rape, would plummet to less than 10% of what it is now.
But we prefer to coddle crime. And torture language.
Because she didn’t remember the night before, she assumed she was drugged.
99.99% of the time “I was drugged” is just too much alcohol. Especially among young people who can’t hold their liquor.
In my misspent youth I consumed alcohol by the gallon.
I have NEVER been so drunk as to not remember what I did.
Although there were times I wished it were so..............
Sue her ass off...err...
bkmk
“Title IX” needs to be amended to require proof before ANY disciplinary action is allowed. And penalties for provably-false charges.
But then that would prevent lynching of man on a woman’s say-so, which feminists would not tolerate.
I would prefer that sort of punishment on all false accusations. YOu receive what they would have received.
Death for major crimes I can also support, if it’s beyond all reasonable doubt. Murder, rape, driving slow in the fast lane.
“Surveillance footage from the night showed the two students entering John’s room around 12:30 in the morning. The two awoke in the same bed the next morning, fully clothed, with no memory of what happened the night before.”
Time to get churchy. We have guidelines we teach our young. Among them is avoiding the appearance of evel.
His actions were a no no. If he had not been there she would have to find someone elsie.
Science, logic, the constitution, and other accomplishments of western civilization are mysteries to modern university presidents, administration, and a good percentage of the non-STEM faculty.
But where else could they go? What else could they do?
Fwiw, I spent over a decade as a peace officer whose main job was dealing with Crimes Against Women & Children.
During those years, it was found that fully ONE THIRD of alleged rape cases never happened as there was NO sexual activity of any sort & nearly another 25% where the “victim” admitted that he/she consented & LATER wished that he/she had NOT agreed to the acts.
It is also TRUE that about HALF of REAL RAPES & INDECENT ASSAULTS are NOT reported & LE discovers the attacks while investigating some other unlawful act.
TRUTH is that there is NO GOOD NEWS about these crimes.- It’s all BAD NEWS.
Yours, TMN78247
Put a contract out on her. She’s mentally unstable. Also, change your name!
The MOST UNREPORTED sex crimes are RAPES & INDECENT ASSAULTS that are committed by WOMEN.
(80+% are committed by women upon another female.)
Yours, TMN78247
College women never lie about until Daddy asks her what the hell she was doing in a boy’s bedroom all night.
It says something about our society that such places now feel the need for surveillance cameras.
Anyway, it’s all the man’s fault for not getting a notarized consent form before letting her into his room.
I hope he wins a bundle. However, even with the deck stacked this high on his side, I doubt he will.
same here. High school, military, college. Hardly ever sober and always drank to extremely excessive amounts. Now at 72 I can’t remember my grandchildren’s names but I never could not remember what happened when drunk.
I think the girl is just mad that he did not call her.
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