[lurker]

Backstory: Duke expels senior for drunken he-said she-said rape. Senior sues Duke. During cross-examination, this gem pops out:

The difficulty of defining incapacitation and consent was underscored last week when Dean Wasilolek took the stand Rachel B. Hitch, a Raleigh attorney representing McLeod, asked Wasiolek what would happen if two students got drunk to the point of incapacity, and then had sex.

"They have raped each other and are subject to explusion?" Hitch asked.

"Assuming it is a male and female, it is the responsibility in the case of the male to gain consent before proceeding with sex," said Wasiolek.

http://www.indyweek.com/indyweek/a-duke-...ue=4171222

There it is. College men, you are second-class citizens, less entitled to the protections and presumptions of law than your female counterparts. When you get drunk and have sex, they have committed no malfeasance and you are unable to depend on the law to protect your bodily integrity. When they get drunk and have sex, you have invaded theirs.

But is it a Constitutional violation? On its face, it would seem so - equal protection is a tenet of the 14th Amendment. However, SCOTUS precedent suggests otherwise.

Read this http://en.wikipedia.org/wiki/Michael_M._...ma_County. Should Michael M still hold? What glaring difference now exists?

[Vice]

Quote:

She added: "I feel we followed our procedure. I feel as though Mr. McLeod was given the opportunity to be heard throughout

Oh yes.... the feels.

[Anthony A. King]

[Ryre]

Mixed feelings. If you believe the accuser, this was rape, not based on any standard of intoxication but because she explicitly did not consent. In fact, it appears she was not intoxicated to the point of not being able to consent.

So he might have raped her. Or, she might have gone back to his room, started having sex with him, and then realized 'wait, I'm doing that hookup thing I promised myself I wouldn't do,' started crying, and he stopped, as he testified.

One thing for sure, these procedures suck. Anonymous witnesses testifying in writing, without opportunity to cross-examine? Defense witnesses sent away without being allowed to testify? Hearing chaired by an undergraduate who studies gender violence--gee, violence against which gender I wonder? Not to mention the outmoded 'sex is something a man does to a woman' standard quoted by the OP.

This guy may be a rapist. But Duke definitely denies male students due process.

[polymath]

Duke sucks.

[Tytalus]

(05-28-2014 12:19 PM)Ryre Wrote:  

Mixed feelings. If you believe the accuser, this was rape, not based on any standard of intoxication but because she explicitly did not consent. In fact, it appears she was not intoxicated to the point of not being able to consent.

So he might have raped her. Or, she might have gone back to his room, started having sex with him, and then realized 'wait, I'm doing that hookup thing I promised myself I wouldn't do,' started crying, and he stopped, as he testified.

One thing for sure, these procedures suck. Anonymous witnesses testifying in writing, without opportunity to cross-examine? Defense witnesses sent away without being allowed to testify? Hearing chaired by an undergraduate who studies gender violence--gee, violence against which gender I wonder? Not to mention the outmoded 'sex is something a man does to a woman' standard quoted by the OP.

This guy may be a rapist. But Duke definitely denies male students due process.

Agreed. I had no idea the case was so gonzo though - I will never send my kid to a university in the states at this rate.

[ElBorrachoInfamoso]

This is why you need the post bang beta text.

Just text her the next day with some kind of validating shit and maybe meet up for lunch or something so she doesn't redefine what happened as regret rape.

[Jukes]

For such an upper level college, why does Duke have so many problems?

[Tuthmosis]

(05-29-2014 08:52 AM)Jukes Wrote:  

For such an upper level college, why does Duke have so many problems?

Duke is a johnny-come-lately to the crowd of so-called "elite college." It's really like all the other Southern party schools, but with a little more money and nicer buildings.

There's way too much quality pussy there for it be a legit top-tier, academically speaking. You need a certain percentage ugly-ass, icy, ultra-driven cunts to qualify.