No, he did not ‘attack’ the girl.
They were both drunk as skunks at a frat party. He was 2x the limit. She was 3x the limit.
She (22) had gone to the frat party with her younger sister and two other friends. I think she said she had 4 whiskey shots at home before they went, and more at the party.
The party was crowded, so all the women went out into the trees and peed.
Then they went back to the party and were drinking behind the vack of the house.
An ‘agressive young man’ (the accused) was kissing in a number of the women. The sister claimed she was kissed, probably by him.
Eventually, one of the friends became so drunk, she could no longer take care of herself, so the sister and the other friends took her to another friends home to ‘sleep’
The sister said she left the victim because she was ‘ok’
However, the facts indicate that sje aas drunk as a skunk at the time and should have been taken with them.
Perhaps that means she was not willing to leave the party.
She admits to no knowledge of ehat happened from midnight til morning. She was found passed out at about 1am. She did not wale up until 4am.
The testimony of both sets of friends (his and hers) as to what happened at the party (interactions between the two) were very vague. The testimony indicates that he was kissing in her - but the drunks were not sure.
He said that they started kissing, and holding hands, and left the party to go back to his dorm. They made it to a secluded area - either under a pine tree or ‘behind a dumpster’
There he said they made out. He loosened her bra and felt her breasts. And he removed her panties and fingered her.
At some point in these 15-20 minutes, she passed out.
The two young men who found them said he was on top of her thrusting his pelvis.
So the convicted charges where for him puting his fingers in the pricates of a drunk woman and assault with intent to rape.
I’m not sure where all that information is coming from. I know if two people, who did not know either of them, who cam across him doing “stuff” to her when she was completely passed out.
It appears that there are a few more data points:
1) She called her boyfriend and left a message. Her words were slurred.
2) She also talked to the boyfriend.
3) The boyfriend apparently did not feel that there was any threat. He only prompted her to “find your sister”.
4) If she had the presence of mind to keep her clothes on and only do heavy petting, did she suddenly become embarrassed when they were discovered, she cheating on her boyfriend?
It is not implausible that she feigned going unconscious for plausible deniability of cheating