# Yale Basketball Sexual Misconduct **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 15, 2016, 1:06am UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029 "2016-03-15T01:06:26Z")\ **Posts on this page:** 20\ **Page:** 9
**Author:** ![even\_sven](https://avatars.discourse-cdn.com/v4/letter/e/dfb087/32.png) [@even\_sven](https://boards.straightdope.com/u/even_sven)\ **Post date:** [March 17, 2016, 10:19pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/161 "2016-03-17T22:19:36Z")
> [@Shodan](#): > > I suspect the guy’s mistake here was that he didn’t get, or at least didn’t mention getting, a verbal Yes before having sex, and not proceeding until and unless he did. But as my example of being awakened occasionally in the middle of the night by the Lovely and Talented Mrs. **Shodan** , it is common IME for people in an ongoing relationship to have sex without an unambiguous verbal Yes. And it isn’t rape in those cases. Therefore it is possible that it wasn’t rape in this case either. The alleged offense here is not that then guy did not utter the right magic code word. The alleged offense is that he had sex with someone who did not consent to sex with him. The lack of consent is the problem. A lack of consent won’t affect you and your wife, unless she actually doesn’t consent. Under the university policy being discussed, it is the responsibility of the person or people who want to have sex to ensure everyone is consenting or face the risk of a campus discipline process if they have sex with someone who didn’t want to. How they do that is up to them. Opening their mouth and asking is probably the most reliable way to do this and a good best practice. Only having sex with active and enthusiastic partners is probably just as effective. But if they want to risk some other method, they are basically leaving it to chance. I still don’t think it’s too onerous in this setting to ask people to tell the difference between an enthusiastic partner and someone they are forcing. ---
**Author:** ![spamforbrains](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@spamforbrains](https://boards.straightdope.com/u/spamforbrains)\ **Post date:** [March 17, 2016, 10:41pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/162 "2016-03-17T22:41:23Z")
> [@](#): > > not to fight the hypothetical, but in your scenario getting into bed naked with your partner is habitual, even on nights when we don’t have sex. That is different from the OP, because the two did not habitually sleep together AFAICT. Therefore it is more likely that getting into bed naked is a sexual invitation implying positive consent. Yes, but it’s always possible she was expecting one kind of sex and he did something else she really didn’t like without her consent. That’s rape. As to why she got back in bed, well, who knows. Traumatized, shocked, not really sure what just happened. I can see many young women, still not very sure in their sexuality, reacting in such a way. It may have taken her some time to realize that what happened was indeed rape rather than just really bad sex. Bottom line, I suspect the school’s committee knows something we don’t. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [March 18, 2016, 1:14pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/163 "2016-03-18T13:14:21Z")
> [@even\_sven](#): > > Under the university policy being discussed, it is the responsibility of the person or people who want to have sex to ensure everyone is consenting or face the risk of a campus discipline process if they have sex with someone who didn’t want to. > > How they do that is up to them. Opening their mouth and asking is probably the most reliable way to do this and a good best practice. Only having sex with active and enthusiastic partners is probably just as effective. But if they want to risk some other method, they are basically leaving it to chance. Then it appears to me that both the woman and the man in this case left it up to chance, equally. Or else having sex with an active partner is just as good as a verbal Yes. (I have no idea how one would prove enthusiasm without a witness apart from the participants, which is a little kinky even for Yale). And getting into bed naked with a person with whom you have previously had sex is an active step. Thus we have an indication - not proof, an indication - of active initiation by the woman. What indication do we have even of that level of consent on the part of the man? > [@spamforbrains](#): > > Yes, but it’s always possible she was expecting one kind of sex and he did something else she really didn’t like without her consent. That’s rape. Sure, that’s possible. It is also possible that it wasn’t rape, just really bad sex. > [@](#): > > Bottom line, I suspect the school’s committee knows something we don’t. Or thinks it does. What is also possible is - School committee: “Did she ever say Yes out loud?” Basketball player: “No.” School committee: “Did you have sex with her?” Basketball player: “Yes.” School committee: “Guilty”. Or else you are correct and there are facts in play that show more clearly that it was, in fact, rape. Regards, Shodan ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 18, 2016, 1:25pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/164 "2016-03-18T13:25:28Z")
> [@Lochdale](#): > > Are you are lawyer? I ask because this seems to be a technical evidentiary question to me. If an accused in a criminal trial introduces evidence as to their good character couldn’t this proceeding or elements of it be used against them? if not, why not? Yes, and you’re right: it is essentially a technical question. The accused in a criminal trial will not introduce evidence of prior good character unless propensity is an element of a charge or defense. This is exceedingly rare. Off the top of my head, the only reason to introduce propensity evidence is to support an entrapment defense, though there may be one or two others. The reason “good character” evidence is not introduced is that it opens the door for the prosecution to bring in “bad character” evidence, which they cannot otherwise do. As a general rule, in a battle of character evidence the defendant will normally lose. The rules prohibiting evidence of prior conduct exist almost wholly to protect the defendant from being tried for prior events rather than the crime actually charged.\* Leaving that aside, there’s still really no reason for the university hearing to come in. All testimony from the university proceeding is hearsay; the findings of the university tribunal or honor court or whatever are not dispositive or even really persuasive. In theory, a defendant who was deemed innocent by the university might want to bring in that finding to argue that even under that relaxed standard of proof he was acquitted, but I don’t see why he would bother. > [@](#): > > And the point is they have no business (and no expertise) adjudicating serious allegations like to the ones we are discussing. This isn’t plagiarism . Indeed, this goes far beyond anything that an honour code should cover. They may not impose criminal penalties, because, you know, they’re not a court but they are imposing significant penalties that can have a devastating impact on a person’s life. And they do so without any system that allows the accused to property defend themselves. Nobody is disputing that the penalties can have a devastating impact on a person’s life. That brings us back to my previous point: if we accept the proposition that universities cannot impose “significant penalties,” then universities cannot handle any accusation (including plagiarism) that could result in expulsion. > [@](#): > > If a rape allegation is made it should be taken to the police. If the evidence is there, they will likely arrest the subject and charge him. The University can then suspend the student until the criminal matter is completed. A criminal case is an entirely separate proceeding, with an entirely different burden of proof. While a university would likely accept a criminal conviction as dispositive, an acquittal or decision not to prosecute is _irrelevant_. For a criminal conviction, guilt must be established beyond reasonable doubt. That standard does not apply to an expulsion proceeding or in fact to any other legal or extralegal proceeding other than criminal prosecution. > [@](#): > > If the accused waits to make the allegation to the police then the university should consult with the police and make a determination then. If, for example, a restraining order is obtained then the student can be suspended. Most sexual misconduct is not reported to the police. I’m not sure what restraining orders have to do with anything; a restraining order is a civil remedy. > [@](#): > > These show trials, however, do nothing other than to demonise the accused and subject them to unnecessary harassment particularly if the criminal system determined that there was no case to pursue (and the accuser can also take an action via the civil system). Your use of the term “show trial” is decidedly ironic, since these proceedings are not open to the public. For the same reason, they do not subject the accused to any harassment. The proceedings and findings are confidential; Montague’s case became public because the rest of the basketball team wore T-shirts protesting his dismissal and told everyone what had happened. Again, the fact that there is insufficient evidence to pursue a criminal case is completely irrelevant. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [March 18, 2016, 2:35pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/165 "2016-03-18T14:35:16Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Yes, and you’re right: it is essentially a technical question. The accused in a criminal trial will not introduce evidence of prior good character unless propensity is an element of a charge or defense. This is exceedingly rare. Off the top of my head, the only reason to introduce propensity evidence is to support an entrapment defense, though there may be one or two others. > > The reason “good character” evidence is not introduced is that it opens the door for the prosecution to bring in “bad character” evidence, which they cannot otherwise do. As a general rule, in a battle of character evidence the defendant will normally lose. The rules prohibiting evidence of prior conduct exist almost wholly to protect the defendant from being tried for prior events rather than the crime actually charged.\* Er… True. But the rules change when you have a cherry defendant – one without any prior criminal history. I realize that this is akin to describing an encounter with a unicorn, but for discussion purposes, it’s relevant here, since the accused also appears to be previously unsmirched. Character evidence can be offered for a reputation for truthfulness and veracity, and for any character trait that is relevant to the accusation – that is, if you’ve got a guy on trial for groping kids, you can offer reputation evidence that he was known as a reliable caregiver and people had confidence in his ability to provide safe care for children. “A person on trial for a criminal offense has the right to introduce evidence of his good character, on the theory that it is improbable that a person who bears a good reputation would be likely to commit the crime charged against him. Evidence of this nature may be considered and weighed by the jury in determining his guilt or innocence, and, in a proper case, the punishment to be imposed.” _Zirkle v. Commonwealth_, 189 Va. 862 (Va. 1949). Also note that there is a distinction between rebuttal character evidence, which is solely reputational, and prior bad acts, which remain inadmissble to prove that the accused acted in conformity therewith. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 18, 2016, 3:39pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/166 "2016-03-18T15:39:53Z")
Yes, but Lochdale seems to be talking about evidence of the same bad act. I can’t see any way that a prior extrajudicial finding about the same event is anything but prejudicial. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [March 18, 2016, 4:25pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/167 "2016-03-18T16:25:23Z")
So, in this case let’s say the threatened lawsuit by the accused against Yale proceeds. 1: What needs to happen in this type of case for the lawsuit to move forward to trial? 2: Assuming it moves forward what could happen at trial? Would the nature of Yale’s tribunal deliberations need to be detailed in open court? Would the specific details for the alleged offense be made public? Could the alleged victim of rape be interrogated in court? If this thing goes to trial how far into Yale’s procedures can the court delve? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 18, 2016, 4:42pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/168 "2016-03-18T16:42:58Z")
That’s a good question, actually. It depends on the allegations raised in the complaint. If the plaintiff is arguing that Yale’s procedures are generally deficient, then at least in theory there is no basis for the court to look into the specifics of Montague’s dismissal. If the plaintiff is arguing that Yale’s procedures are not facially deficient, then it is likely that the records of the specific proceedings will need to be delved into. Basically, the argument would be that Yale failed to follow its own rules. In essentially no event that I can think of will the court go into whether or not Montague actually raped anyone. That’s not it’s function. ---
**Author:** ![davida03801](https://avatars.discourse-cdn.com/v4/letter/d/b5e925/32.png) [@davida03801](https://boards.straightdope.com/u/davida03801)\ **Post date:** [March 18, 2016, 4:48pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/169 "2016-03-18T16:48:31Z")
A year later… I would put my money on the theory she saw him with someone else, didn’t like it, and then made a decision to do as she did. Sometimes the simplest explanation is the one that makes the most sense, and that is the simplest to me. I know many here will object to stated theory, however I don’t think the possibility should be discounted. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 18, 2016, 4:56pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/170 "2016-03-18T16:56:08Z")
I don’t think it should be discounted, but that’s hardly the simplest explanation. Assuming she was the revenge type, it’s pretty unlikely that she would wait a year. I very much doubt that Mr. Montague was spending his nights alone in the interim. She didn’t even go to the student disciplinary authorities; she reported the incident to the school’s Title IX coordinator. To me that suggests that she reported it after discussing that said office existed and was charged with campus rape policy. ---
**Author:** ![Belowjob2.0](https://avatars.discourse-cdn.com/v4/letter/b/b9e5f3/32.png) [@Belowjob2.0](https://boards.straightdope.com/u/Belowjob2.0)\ **Post date:** [March 19, 2016, 8:29pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/171 "2016-03-19T20:29:59Z")
> **[Judge says "regret" at root of rape case](https://www.sandiegoreader.com/news/2015/jul/13/ticker-judge-says-regret-root-rape-case/)** > [@](#): > > A female student accused the 20-year-old male, known as John Doe, of inappropriately touching her on the morning of February 1, 2014. The male student denied these allegations and later told an officer who was investigating the accusations that the two had had sex both the night before and after the alleged touching occurred. However, John Doe’s statements to investigating officers, as well as other evidence, was not allowed to be presented during the Title IX sexual misconduct hearing. > [@](#): > > Furthermore, ruled Pressman, “The only evidence presented in any meaningful way at the hearing was the testimony of [the woman]…. Additionally, Ms. Roe admitted that she voluntarily continued consensual sexual activity with Mr. Doe later that very same day. The court is not weighing Ms. Roe’s credibility. But the incident on the morning of February 1, cannot be viewed in a vacuum. When viewed as part of the entire narrative, the sequence of events do [sic] not demonstrate non-consensual behavior. What the evidence does show is Ms. Roe’s personal regret for engaging in sexual activity beyond her boundaries.” ---
**Author:** ![spamforbrains](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@spamforbrains](https://boards.straightdope.com/u/spamforbrains)\ **Post date:** [March 20, 2016, 2:20am UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/172 "2016-03-20T02:20:29Z")
Well, again, I would like to point out that just because someone agreed to have sex with you it doesn’t give you permission to do anything you want anytime you want. If she had sex with you five times, and then you grab her and do something without consent, it’s rape. Easy. Doesn’t matter what she did before or afterwards, it’s still an act of rape. Many abused women go back repeatedly to their abusers (I don’t know why) so simply having sex with an abuser after the fact doesn’t prove anything. Women put up with this all the time-guy sleeps with her once, and the guy thinks she’s his sex toy. Don’t make that mistake. ---
**Author:** ![Belowjob2.0](https://avatars.discourse-cdn.com/v4/letter/b/b9e5f3/32.png) [@Belowjob2.0](https://boards.straightdope.com/u/Belowjob2.0)\ **Post date:** [March 20, 2016, 5:26am UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/173 "2016-03-20T05:26:21Z")
> [@spamforbrains](#): > > Well, again, I would like to point out that just because someone agreed to have sex with you it doesn’t give you permission to d > > > [@](#): > > > > o anything you want anytime you want. If she had sex with you five times, and then you grab her and do something without consent, it’s rape. Easy. Doesn’t matter what she did before or afterwards, it’s still an act of rape. Many abused women go back repeatedly to their abusers (I don’t know why) so simply having sex with an abuser after the fact doesn’t prove anything. > > Women put up with this all the time-guy sleeps with her once, and the guy thinks she’s his sex toy. Don’t make that mistake. You’re doing it again: > [@](#): > > The fallacy of begging the question occurs when an argument’s premises assume the truth of the conclusion, instead of supporting it. In other words, you assume without proof the stand/position, or a significant part of the stand, that is in question. Begging the question is also called arguing in a circle. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [March 21, 2016, 6:27pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/174 "2016-03-21T18:27:27Z")
[I predict this is not going to end well for Yale.](http://www.dailymail.co.uk/news/article-3495934/Coed-claimed-forced-sex-Yale-basketball-captain-texted-time-alleged-assault-asking-meet-said-college-wouldn-t-let-recant.html) > [@](#): > > Expelled Yale basketball captain shows up to cheer his team at March Madness, as [Dailymail.com](http://Dailymail.com) exclusively reveals co-ed texted him AFTER alleged sexual assault asking to meet up again > Jack Montague led the Yale University basketball team to its first post-season in more than 50 years but was expelled before the tournament > Montague, 22, made a surprise appearance at the first March Madness game in which underdog Yale beat Baylor on Thursday > He is suing Yale for expelling him just three months before graduating > He says the sex was consensual and he is being used as a scapegoat as universities grapple to combat sexual assault issues > According to a source, when a female friend asked the coed why she didn’t take back her claim she cryptically answered: ‘I can’t. They won’t let me.’ > ‘She texted Jack several times with increasing intensity,’ a close friend tells Daily Mail Online > ‘He replied ‘Is everything all right,’ and she said something like ‘I’m OK, I’m not pregnant or anything’’ > The woman did not report the incident to authorities at the time > University police at Yale and the New Haven Police Department both say they have never been called in to investigate. ---
**Author:** ![delphica](https://avatars.discourse-cdn.com/v4/letter/d/e9a140/32.png) [@delphica](https://boards.straightdope.com/u/delphica)\ **Post date:** [March 21, 2016, 7:04pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/175 "2016-03-21T19:04:32Z")
As a general rule, if reporting still uses the term “co-ed” to refer to a female college student, I can’t take it that seriously. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 21, 2016, 9:23pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/176 "2016-03-21T21:23:54Z")
Yeah, but it says “according to a source” so it must be true. “[A] close confidante of the hoops star,” no less. ---
**Author:** ![Stringbean](https://avatars.discourse-cdn.com/v4/letter/s/d6d6ee/32.png) [@Stringbean](https://boards.straightdope.com/u/Stringbean)\ **Post date:** [March 21, 2016, 11:12pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/177 "2016-03-21T23:12:17Z")
> [@delphica](#): > > As a general rule, if reporting still uses the term “co-ed” to refer to a female college student, I can’t take it that seriously. Well, as seriously as a woman who gets into your bed naked, sleeps with you, leaves, comes back, and a year later claims rape. AMIRITE!?!?!?!? ---
**Author:** ![Belowjob2.0](https://avatars.discourse-cdn.com/v4/letter/b/b9e5f3/32.png) [@Belowjob2.0](https://boards.straightdope.com/u/Belowjob2.0)\ **Post date:** [March 21, 2016, 11:37pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/178 "2016-03-21T23:37:54Z")
> [@astro](#): > > [I predict this is not going to end well for Yale.]([Yale basketball captain shows up to cheer his winning team as Dailymail.com reveals coed who claimed she was forced to have sex texted him AFTER alleged assault asking to meet up again | Daily Mail Online](http://www.dailymail.co.uk/news/article-3495934/Coed-claimed-forced-sex-Yale-basketball-captain-texted-time-alleged-assault-asking-meet-said-college-) > > wouldn-t-let-recant.html) Re-admission and a hefty monetary settlement. Colleges may have to hand over these sex assault inquiries to hired investigators and mediators, and apply much stricter standards of proof. ---
**Author:** ![spamforbrains](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@spamforbrains](https://boards.straightdope.com/u/spamforbrains)\ **Post date:** [March 22, 2016, 1:48am UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/179 "2016-03-22T01:48:11Z")
> [@](#): > > Quote: > The fallacy of begging the question occurs when an argument’s premises assume the truth of the conclusion, instead of supporting it. In other words, you assume without proof the stand/position, or a significant part of the stand, that is in question. Begging the question is also called arguing in a circle. What else can you do in rape cases? Despite the popular idea that rape is a violent attack by a stranger on a woman, most rapes happen between couples who have a relationship of some kind. They are dating, they are sleeping together, and the guy crosses a line. The victim is often quite confused and may even have fond feelings towards the man. There is rarely any proof other than he said/she said. Since there is little to no incentive for any woman to bring false charges (and a lot of reasons to not bring charges at all), and no solid evidence that false rape charges are in any way common, I tend to believe them unless proven otherwise. Of course this causes problems when it comes to court. Men do have rights. However, bringing up issues like what the victim was wearing or not, what the victim was doing at the time, and the victim’s prior sexual history are always, 100% of the time, irrelevant. If you have some evidence that doesn’t involve putting the victim on trial, great. Bring up relevant facts, not victim-blaming facts. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [March 22, 2016, 2:36am UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/180 "2016-03-22T02:36:46Z")
The primary problem in rape cases is still that authorities and even people close to the victim want to do anything but believe her. “This American Life” just ran a story about a woman who was raped by a stranger who stalked her and then broke into her house. The people closest to her thought she wasn’t acting like a rape victim and they called the cops and told them they thought she was lying. The cops immediately stopped investigating the rape allegation and prosecuted her for filing false charges. Much, much later, an investigator of rape case in another jurisdiction just happened to recall similarities between the cases and the guy was caught. > **[Anatomy of Doubt - This American Life](https://www.thisamericanlife.org/581/anatomy-of-doubt)** > > The story of a rape investigation gone undeniably wrong. And all that examination of her behavior afterward, or how long she waited before reporting it—it’s all likely a red herring. “8 Ways the Legal System Screws Rape Victims (Like Me)” — [8 Ways the Legal System Screws Rape Victims (Like Me) | Cracked.com](http://www.cracked.com/personal-experiences-1504-8-ways-legal-system-screws-rape-victims-like-me.html) > [@](#): > > \*\*Rape Kits Feel Like the Worst Thing After a Rape > \*\* > … > > To make the case viable, I had to go through a rape kit, which meant letting a brand new stranger touch me in uncomfortably similar ways to the last creepy stranger. > > … > > \*\*You May Be Biologically Incapable of Acting “Like a Victim” > \*\* > > … > > There’s a scientific reason most people don’t believe rape victims. Certain traumas can be so severe that they actually change the way that your brain processes and stores information. The chunks of your brain responsible for decision-making and memory shut themselves down, for the same reason your computer shuts itself down when the hard drive gets too hot – you don’t want to do any permanent damage. **Unfortunately, this means the victim sometimes behaves like they’re lying: Police say that rape victims often exhibit the classic behavioral cues of a liar, which makes them instinctively doubt their story, no matter what the evidence says.** > > … > > \*\*You Might Have to Hang Out With Your Rapist and His Family for Months > \*\* > > … > > \*\*Your Case Must Be Bulletproof to Even Get a Shot > \*\* > > … > > \*\*The Defense Is Going to Try to Prove You’re a Slut > \*\* > > … > > **Pretty Much Anything Proves That You’re a Slut** > > … > > By their logic, any personality trait beyond “praying” and “violently hating my own vagina” proved that I was some sort of massive black hole, so dense that no dick can escape. > > I’m a friendly and outgoing person by nature. I can’t exactly remember meeting R at the party (did I mention he was the only person there that I didn’t know?), but my understanding is that when he stuck his hand out in greeting, I gave my standard response: “I don’t believe in shaking hands. Only hugs.” This is how I meet people, like a fucking Care Bear – but in the trial, that became flirting. > > … [Previous page](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029.md?page=8) [Next page](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029.md?page=10)