Yale Claims 'Brief Absence of Condom During Otherwise Consensual Sex' Was Sexual Assault, Suspends Student

 

The world is turning into a minefield.

On December 9, 2018, Yale University student John Doe was engaging in consensual sex with a female student when his condom slipped off.

The encounter lasted “for approximately ninety minutes. Unfortunately the condom did not last more than 45 minutes and new one had to be applied.” For approximately ten seconds, the sex was unprotected.

The female, whom court documents refer to as Ann Roe1, subsequently accused Doe of sexual assault, because she “froze” when she realized what had happened, but he continued.

She reported the incident to Yale authorities and the Dean of the school, Marvin Chun, made the decision last month to suspend Doe just ahead of the final exam period.

According to court documents, Doe is a senior who expected to graduate this month. He has accepted a job offer which is contingent upon his graduation. The decision calls for Doe’s suspension to run through December, which would not allow him to complete his graduation requirements until the Spring of 2020.

Because Doe would like to be able to turn in his final papers and graduate this month as scheduled, he has responded by filing a Title IX lawsuit claiming that “gender bias was a motivating factor” in Chun’s decision.

According to the College Fix, “Yale argued that Doe knew he was sexually assaulting Roe when the condom fell off because she “froze.” That is a “very common reaction” by women who are sexually assaulted by a “known assailant.””

The College Fix reports:

He argues that the Ivy League school should have updated its sexual-misconduct procedures after Education Secretary Betsy DeVos* rescinded the Obama administration’s guidance on the subject in fall 2017.

The lawsuit was filed April 25. The senior sought a temporary restraining order that would let him “turn in his final papers,” arguing that he “may have classes in common” with his accuser if he’s required to repeat the semester in the spring. The judge overseeing the case denied his motion at a Friday hearing.

A copy of Doe’s filing in U.S. District Court dated April 25, 2019 appears here.

The documents indicate that the two met on dating site Tinder, and had spent only several hours awake together before this incident occurred. Here is an excerpt from the filing:

In December the John and Ann sent each other approximately 40 Snapchat messages exchanging niceties on several times December 15 and 20, 2018 and never discussed any issue with their encounter form December 9, 2018.

After school resumed in January, John reached out to Ann on Snapchat. On January 16, 2019, Ann wrote:

ok since you seem like probably one of the nicest people I’ve ever met off Tinder I’m going to be honest with you[,] when we hooked up last time I wasn’t comfortable with like being penetrated without protection HAHA it like happened briefly but it left me pretty confused[…]I’m not trying to make you feel bad ***yeah I think like based on how you and I interacted I was mostly confused because you seem to be really nice and harmless I’m not like mad or gonna like idk [I don’t know] try to get you in trouble or anything I was just confused.

The next day John sent Ann a message about wanting to get some food. Ann responded and stated “also like I’m chill with you in the way that I’m not trying to smear you or anything but I need time to think about how I feel about the situation.”

She also told John she had been previously “sexually assaulted multiple times.”

In his court filing, Doe alleges that this young woman “has decided to punish him for several past events where she had been sexually assaulted.”

Although this only represents one side of the story, it’s another case where a U.S. citizen has been denied due process. Doe has been presumed guilty (of 10 seconds of unprotected sex) and has had his life turned upside down. And this should frighten all Americans.