Mutually Nonconsensual Sex
peter.suber's bookmarks 2018-06-02
Summary:
"Is it possible for two people to simultaneously sexually assault each other? ...
"The event in précis, as summarized by Robby Soave of Reason magazine: “Male and female student have a drunken hookup. He wakes up, terrified she's going to file a sexual misconduct complaint, so he goes to the Title IX office and beats her to the punch. She is found guilty and suspended.” ...
As [lawyer Josh Engel] told me, “From a constitutional standpoint a public school violates the equal-protection rights of their students when there is no rational basis to differentiate between male and female students. The court found that even if only one student makes a report, if the school possesses knowledge that both were intoxicated, “the school has an affirmative obligation to investigate both students for misconduct without waiting for a ‘report,’” Engel said.
In other words...the days of blaming one person (almost always the man) for a no-harm, no foul, mutually drunken hook up may be coming to an end...."