Judge Upbraids UConn for Unfair Investigation (into alleged rape). The university disallowed the testimony of witnesses who would have undermined the accuser's credibility.

The University of Connecticut expelled a male student for an allegedly nonconsensual sexual encounter with a female student. But now a judge has issued a temporary restraining order to halt the student's removal, on the grounds that the university's investigation was wildly unfair.

The Foundation for Individual Rights in Education (FIRE) has obtained a transcript of the court proceeding, which took place on January 23. As it shows, U.S. District Judge Michael Shea was especially perturbed that UConn did not interview key witnesses who would have undermined the accuser's credibility.

"I am troubled by aspects of this procedure," said Shea, "and in particular I think the thing that troubles me the most is the fact that the hearing body refuses to hear from four of the plaintiff's witnesses."

None of the witnesses saw the encounter itself, which took place in April 2019 in a dorm room and involved only the male and female students. But prior to the disputed encounter, the two students—identified in the lawsuit as John Doe and Jane Roe—rode in a car together with several other people. Jane sat on John's lap, and he claims that she spent the ride grinding on him.

That Jane had initiated activity at this stage of the night does not mean she consented later, of course. But importantly, she denied to investigators that the amorous encounter in the car had occurred at all. The other people in the car contradicted that—they heard, and could feel, her rubbing against John—and were willing to speak to this at the university's hearing, but UConn denied them, claiming they did not have relevant testimony.

The judge rightly disagreed. Since there were no witnesses to the encounter itself, adjudicators must considerable the relative credibility of the two students.

“True, but your comment leaves out the fact that politically charged topics such as this tend to “find” statistics supporting the position of certain advocacy groups.”

Ok, great, then “find” some other statistics to support the other position.

“Traditionally, being married is a string defense against allegations of rape. This changed in the early 90s, right along with the growing hookup culture. My point is underscored.”

Sounds more like your point is undermined, since we don’t live in the period before the early 90s anymore, so your advice isn’t actually applicable.

“Do you really want to accept living life that way?”

If it means not being falsely accused of rape, then yes.

“Ok, great, then ‘find’ some other statistics to support the other position.”

Don’t need to. Crimes and crime statistics are reported in the news. I’ve seen many mug shots of people charged with rape, murder, burglary, theft, etc. I’ve never seen one about a man raping his wife. Why? Because it must be extremely rare.

Further, the very statistic you referred to does not support your own position, as I already pointed out. You are asserting that 10% of husbands are FALSELY accused of rape. The statistics you mentioned assume that the accusations are true. But we both know that is nonsense.

“Sounds more like your point is undermined, since we don’t live in the period before the early 90s anymore, so your advice isn’t actually applicable.”

No, I advised not participating in the hookup culture. If a person avoids it they are more likely to enter into a relationship based on trust and meeting each other’s needs rather than selfishness and dishonesty.

“If it means not being falsely accused of rape, then yes.”

I have spent most of my life single. I think it is important for everyone to learn how to be single and not be totally dependent on having someone else in order to be happy. That being said, I refuse to accept a permanent life of singleness.

It’s your choice. But it seems unnecessarily lonely and sad. For me, I’d rather end up in prison falsely accused of something than to accept this.

“I’ve never seen one about a man raping his wife. Why? Because it must be extremely rare.”

There you go again with the anecdotal evidence. Just because you aren’t aware of something doesn’t mean it doesn’t exist.

“Further, the very statistic you referred to does not support your own position, as I already pointed out. You are asserting that 10% of husbands are FALSELY accused of rape. The statistics you mentioned assume that the accusations are true.”

The statistics don’t assume it’s true or false either way, they are simply the number of women who responded in the affirmative (in multiple independent studies) as to whether they had been raped by their spouses. Unless we are supposed to assume that rape is the one crime people never make false allegations about, then obviously some of those are false.

“No, I advised not participating in the hookup culture.”

Sorry, but your main point this whole time has been that being in a monogamous marriage is the best defense against false rape allegations, which you then admitted hasn’t actually been true for thirty odd years.

“For me, I’d rather end up in prison falsely accused of something than to accept this.”

Uh huh. Have you ever been falsely accused or been to prison? If not, you might want to refrain from making that kind of judgement.

“There you go again with the anecdotal evidence. Just because you aren’t aware of something doesn’t mean it doesn’t exist.”

Same is true of the chupacabra. Anecdotal evidence is better than mis-cited statistics from highly-biased organizations.

“Unless we are supposed to assume that rape is the one crime people never make false allegations about, then obviously some of those are false.”

No, if there really were 10% being raped or even falsely alleging rape, we would see this translate into criminal charges. Where are the criminal charges? Without criminal charges then I’m not even sure what folks are complaining about here. I’ve been falsely accused of worse by an ex and her slimy mafia lawyer (who is currently in federal prison and disbarred, with my case being basically his last). Like I said before, almost no one is being charged with this crime. That’s not anecdotal.

“Sorry, but your main point this whole time has been that being in a monogamous marriage is the best defense against false rape allegations, which you then admitted hasn’t actually been true for thirty odd years.”

I didn’t say it supported “my main point” which is something you decided on my behalf. If you go back and look I’ve said the same thing from the beginning. By refusing to participate in the hookup culture, a man is very unlikely to experience such false allegations. If you cheapen sex by turning it into a commodity, then you are likely to end up in a relationship where your partner is more likely to act this way. Just because the laws have changed to match the popularity of the hookup culture does not mean you have to take part in it. That is true today just as much as thirty years ago.

“Have you ever been falsely accused or been to prison? If not, you might want to refrain from making that kind of judgement.”

Yes, I have been falsely accused in legal proceedings (though never charged). As I said above, it is the attorney who did this who is currently disbarred and in prison. I’ve only been to prison/jail as a visitor. Not somewhere I would like to live.

You may claim that you experienced this injustice even though you lived a squeaky clean life when it comes to how you’ve treated women sexually. It happened to Joseph in the Bible. He was sold into slavery and fled when his master’s wife tried to seduce him repeatedly. She falsely accused him of attempted rape and he went to prison for it. So, admittedly, honorable men can and are falsely accused of horrible crimes, but you have to ask yourself if this truly applies in your case. In Joseph’s case he relied on God to defend and rescue him, which is something that only happened after a long period of unjust suffering.

The guy that this article is about was not, by his own admission, living the morally clean life of Joseph. His defense is that the sex he had with a woman he was not married to was consensual. I could have sympathy for a man whose wife accused him of rape. I don’t have sympathy for men like the one this article is about. Regardless of whether he is guilty or innocent of the crime, it should be a warning not to play with fire or you might get burned.

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