A day after Rolling Stone published an article describing a brutal rape at the University of Virginia , a former Washington and Lee student says he was expelled for having consensual sex with another student who some months later regretted the encounter and claimed she was sexually assaulted.
The plaintiff, identified in legal documents only as John Doe, says he had consensual sex with another student, called Jane Doe after a night of drinking. Some months later, the woman allegedly heard a talk by a university administrator who introduced an idea gaining currency in certain circles – that a woman who regrets a sexual encounter was actually raped.
At the University of Virginia’s School of Law, Professor Anne Coughlin says such thinking is not reflected in state law.
“The fact that a person wakes up in the morning and believes that they made a bad decision – I don’t know of any code that punishes that.”
In fact, Virginia law says it’s not rape unless there was force.
“We punish non-consensual sex only when the perpetrator procures that sex through the use of force, threat or violence.”
But this case is not about state law. It’s about school policy. After hearing the talk, the lawsuit contends, Jane told Washington & Lee she was raped. The school requires the person who initiates sex to first get the okay from his or her partner. In this case, John Doe claims Jane kissed him, took off her clothes and got into his bed, so she was the one who needed to ask for permission. He says the university wrongly placed the burden on him, and he’s demanding a financial settlement for damage to his reputation, educational opportunities and career prospects.
The university would not discuss this case except to say it had followed established procedures and federal requirements.
