By Amy Alkon
shared this story
from Advice Goddess Blog.
If She’s Drunk, He’s Guilty; If He’s Drunk, Too, He’s Still Guilty
From a story by Peter Jacobs at Business Insider, “How ‘Consensual’ Sex Got A Freshman Kicked Out Of College And Started A Huge Debate”:
An ongoing legal dispute over a drunken sexual encounter between two freshmen, which occurred one year ago last week at the college, has become a battle over how to define the terms that govern campus sexual-assault policies.
…Per Occidental’s policy, students are unable to consent if they are “incapacitated” — a state of being that, although often caused by alcohol, is distinct from drunk or intoxicated.
After examining all of the evidence provided by Occidental’s team of outside investigators, an external adjudicator made several key determinations. First, that sexual intercourse had in fact occurred; second, that Jane Doe gave her consent; and, third, that Jane was incapacitated when she did so.
As the external adjudicator wrote:
[T]he fact that Complainant successfully navigated herself, under her own power, to the Respondent’s room, indicates both that, at the time, she had an awareness of where she was and that her motor skills were sufficiently intact to enable her to walk unassisted. Those factors, however, must be considered not in isolation but along with all of the other evidence regarding the Complainant’s condition during the relevant period.
The report added that Jane Doe was “incapacitated at the time she engaged in the conduct or statements that indicated she consented to sexual intercourse with the Respondent.”
One final question remained: Should John Doe have known that Jane Doe was incapacitated, and thus unable to effectively consent?
Indeed he should have, the adjudicator found. Citing Occidental’s policy stating that “Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual harassment, sexual violence, stalking or intimate partner violence and does not diminish one’s responsibility to obtain consent,” the adjudicator determined that John Doe had committed sexual assault, despite not having knowledge of Jane Doe’s state at the time.
My suggestion for men on campus — and I’m not joking — is to go in with a bunch of friends for a time-share on a prostitute until they’re out of college.