Occidental Expels Student for Rape Under Standard So Low That the Accuser Could Have Been Found Guilty, Too

June 4, 2014

By Robby Soave at Reason Online

Does all drunken sex constitute rape? Obviously not, but that's the argument Occidental College administrators must make in their zeal to prosecute a male student for sexual assault—even after police acquitted him.

The student, identified only as "John Doe," had sex with his accuser on September 8th, 2013, according to details of the case obtained by the Foundation for Individual Rights in Education. Both Doe and his accuser had been drinking. By several accounts, the sex was consensual. The accuser sent Doe a text message beforehand asking him if he had a condom. She also texted a friend and clearly announced her intention to have sex with Doe...

Cases: Occidental College: Student Found Guilty of Sexual Assault After Incapacitation Standard Is Misapplied