Student Accused Of Assaulting Girlfriend

Even with the facts on his side, our client faced an uphill battle against the campus sexual assault accusation made by his unyielding ex. When her attempts to have him removed from campus failed, she took him to court.

Case Summary

The accusation

That George committed a campus sexual assault when he prepared to penetrate Ellen, his girlfriend, in the midst of other sexual contact.

The petition

Ellen filed a sexual assault protection order (SAPO), asking a court to find that George had sexually assaulted her.

The stakes

George could have had restrictions on his movements around his college campus, and other places frequented by Ellen, for years.

The defense we presented

Although Ellen had told George before they began the sexual activity that she did not want it to included full intercourse, he reasonable concluded from her arousal during the activity that she had changed her mind. So he moved into position to penetrate her. But when she told him she had not changed her mind, he immediately gave up the idea. There was thus no campus sexual assault; he respected her wishes as soon as she made clear they had not changed.

The result

After a full hearing on whether there had been a campus sexual assault, the judge ruled that none had been proven and dismissed Ellen’s petition.

What helped win the case

Ellen testified that she had told the college’s Title IX investigator several important details about the incident that the investigator had not included in her long report. In cross-examining Ellen, we emphasized that the investigator’s report drew conclusions that implied Ellen had not told her those details. Ellen contended that the investigator was biased against her; but there was no reason for the investigator to be biased.

After our cross-examination it appeared that Ellen had not told the investigator what she claimed she had told her. And it appeared she had not reported those details to the investigator because they hadn’t really happened.

Case Discussion

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