NASHVILLE, Tenn. (AP) — A jury convicted two ex-Vanderbilt football players on Tuesday of raping a former student, rejecting claims that they were too drunk to know what they were doing and that a college culture of binge drinking and promiscuous sex should be blamed for the attack.
The jury deliberated for three hours before announcing that Brandon Vandenburg and Cory Batey were guilty of aggravated rape and aggravated sexual battery.
Batey was stoic, staring ahead and Vandenburg shook his head "no," appearing stunned. His father had an outburst and abruptly left the courtroom.
The victim, a 21-year-old neuroscience and economics major at the time of the June 2013 attack, cried as each guilty verdict was announced. The men face decades in prison when they are sentenced March 6.
The jury heard two weeks of dramatic testimony from a parade of witnesses, including police, former and current Vanderbilt students and the woman, who said she didn't remember what happened that night, only that she woke up in a strange dorm room. They also saw cellphone images from the night of the attack that Vandenburg sent to his friends as it was happening.
Despite the photos and video, and witnesses seeing the woman unconscious and at least partially naked in a dorm hallway, no one reported it.
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Brandon Vandenburg looks at the jury as Judge Wilkins reads the charges during his trial on Tuesday, …
The victim said in a statement she was hopeful the publicity from the case would lead to a discussion of how to end sexual violence on college campuses. In Nashville, where the prestigious private university is located, hundreds of college officials from across the state were meeting this week to discuss exactly that.
"Finally, I want to remind other victims of sexual violence: You are not alone. You are not to blame," she said.
Vandenburg and Batey were on trial together, but represented by different attorneys. Attorneys for Vandenburg, who had been seeing the woman, said he did not assault her.
Testimony showed Vandenburg passed out condoms to the other players, slapped her buttocks and said he couldn't have sex with the woman because he was high on cocaine.
Batey raped the woman and urinated on her, prosecutors said. His attorneys argued the images didn't show that.
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Corey Batey gets a hug from a friend after the jury left the room during his trial on Tuesday, Jan. …
Defense lawyers argued that Vandenburg and Batey were too drunk to know what they were doing and that a college culture of binge drinking and promiscuous sex should be partly to blame.
During closing arguments, Deputy District Attorney Tom Thurman told jurors that the college culture argument was a "red herring" and that the athletes thought the law didn't apply to them.
"That's the culture that you really saw here," Thurman said. "Their mindset that they can get away with anything."
Earlier, one of the defense attorneys conceded that Vandenburg took "deplorable" photos, but shouldn't be convicted of rape because he didn't take part in it.
"He took photographs that he never should have taken," attorney Fletcher Long said.
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The defense gatherers after the jury was read the charges against Brandon Vandenburg and Cory Batey …
Batey, of Nashville, turned 21 on Tuesday. Vandenburg, 21, is from Indio, Calif.
Vandenburg's roommate at the time testified that he had been on the top bunk and saw the woman face down on the floor. He said he heard one of the players say he was going to have sex with her, but didn't do anything because he was afraid.
Rumors about what happened quickly spread around campus, and the assault might have gone unnoticed had the university not stumbled onto the closed-circuit TV images several days later in an unrelated attempt to learn who damaged a dormitory door. The images showed players carrying an unconscious woman into an elevator and down a hallway, taking compromising pictures of her and then dragging her into the room.
School authorities contacted police, who found the digital trail of images.
The university said after the verdict that they had kicked the players off the team many months ago, expelled them from school and were confident they acted appropriately.
"We will also continue our comprehensive ongoing efforts to raise awareness of the importance of every Vanderbilt student intervening when another student is at risk or in distress," the school said in a statement.
Jaborian "Tip" McKenzie, who is also charged in the case, testified he did not touch the woman himself but also took pictures.
No trial date has been set for him and Brandon Banks, the fourth former player accused in the assault. Banks did not testify.
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LawyerLady
I can explain it to you, but I can't understand it for you.
They were caught on video carrying her unconscious down the hall and into a room? Guilty verdict = justice!
We should definitely go back to single sex dorms IMHO and I don't care how "old-fashioned" that sounds. At least this kind of thing wouldn't be as likely to happen in the dorms themselves.
And I think we should teach our sons to not ****ing rape!!!! Yes, let blame co-ed dorms. Not men who ****ing rape. Wtf.
And for the record? Both are acceptable, Separate dorms and teaching guys not to rape. But to automatically say separate dorms as if that is the root cause? Unbelievable!
TEACH YOUR SONS NOT TO RAPE OUR DAUGHTERS!!!!!
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I'm the Ginger Rogers of spelling...that means I'm smat.
Lesson learned in February: I don't have to keep up, I just have to keep moving!
And I think we should teach our sons to not ****ing rape!!!! Yes, let blame co-ed dorms. Not men who ****ing rape. Wtf.
And for the record? Both are acceptable, Separate dorms and teaching guys not to rape. But to automatically say separate dorms as if that is the root cause? Unbelievable!
TEACH YOUR SONS NOT TO RAPE OUR DAUGHTERS!!!!!
Where on earth do you get that? WHERE did I say same sex dorms is the root cause? I DIDN'T. But, it would lower the opportunity for rapists.
Yes, men should not rape women - that's a frickin' given. But, co-ed dorms give rapists opportunities that same sex dorms would not.
Telling men not to rape women obviously doesn't work on rapists. So what is your next brilliant plan?
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LawyerLady
I can explain it to you, but I can't understand it for you.
It wouldn't help. The opposite sex is still allowed in the dorm. They are allowed to visit, and spend the night. They just can't live there.
Are you suggesting a dorm where no one of the opposite sex is ever allowed to enter the dorm for any reason? Those do no exist right now, that I know of. Maybe in some more conservative areas of the country, but when we visited schools for DD's we have never heard of such dorms.
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Out of all the lies I have told, "just kidding" is my favorite !
This has been Top Story news here since it happened.
When the guilty verdict was read, Vandenburg not only shook his head, he rolled his eyes. His mother screamed in agony. They were sure they would not be found guilty...
Oh, and the girl, she was there the whole time. She threw up when they shoed the video. They urinated on her and in her.
There are two more that will be tried later this year. They testified against Vandenburg and Batey in a plea deal...
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America guarantees equal opportunity, not equal outcome...
This has been Top Story news here since it happened.
When the guilty verdict was read, Vandenburg not only shook his head, he rolled his eyes. His mother screamed in agony. They were sure they would not be found guilty...
Oh, and the girl, she was there the whole time. She threw up when they shoed the video. They urinated on her and in her.
There are two more that will be tried later this year. They testified against Vandenburg and Batey in a plea deal...
I really give her a lot of credit for being there during the trial. That must have been really hard for her.
These guys are disgusting. Drunkenness is not an excuse. I don't care how drunk you get, your basic knowledge of right and wrong doesn't change THAT much.
Think about some of the men you know...how drunk would they have to be to urinate on a woman? That limit does not exist. For decent men anyway.
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Out of all the lies I have told, "just kidding" is my favorite !
It wouldn't help. The opposite sex is still allowed in the dorm. They are allowed to visit, and spend the night. They just can't live there.
Are you suggesting a dorm where no one of the opposite sex is ever allowed to enter the dorm for any reason? Those do no exist right now, that I know of. Maybe in some more conservative areas of the country, but when we visited schools for DD's we have never heard of such dorms.
When I went to college - no one of the opposite sex was allowed in the dorm rooms after 10:00 pm - they were locked, and a monitor sat at the desk in the lobby and had to buzz you into the stairwell after hours. Our dorms were actually condisered "co-ed", there was a guys' side and a girls' side and the doors between them got locked at 10:00. If you were caught you would get written up, and face school discipline. Security patroled the halls and would knock on the door if they heard opposite sex voices.
We had a large lobby, though with couches, TVs, tables, conversation pits, etc. so you could hang out down there.
-- Edited by Lawyerlady on Wednesday 28th of January 2015 02:03:42 PM
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LawyerLady
I can explain it to you, but I can't understand it for you.
(8) Overnight Guests. Overnight guests of the same sex are permitted if the following conditions are met:
(a) The guest is registered with the Residence Hall Director prior to staying overnight.
(b) The resident host informs the guest of residence hall regulations and accepts responsibility for the guest’s conduct.
(c) Permission for a guest to stay more than two (2) consecutive nights must be obtained from the Director of Housing and Residential Life.
__________________
America guarantees equal opportunity, not equal outcome...
It wouldn't help. The opposite sex is still allowed in the dorm. They are allowed to visit, and spend the night. They just can't live there.
Are you suggesting a dorm where no one of the opposite sex is ever allowed to enter the dorm for any reason? Those do no exist right now, that I know of. Maybe in some more conservative areas of the country, but when we visited schools for DD's we have never heard of such dorms.
When I went to college - no one of the opposite sex was allowed in the dorm rooms after 10:00 pm - they were locked, and a monitor sat at the desk in the lobby and had to buzz you into the stairwell after hours. Our dorms were actually condisered "co-ed", there was a guys' side and a girls' side and the doors between them got locked at 10:00. If you were caught you would get written up, and face school discipline. Security patroled the halls and would knock on the door if they heard opposite sex voices.
We had a large lobby, though with couches, TVs, tables, conversation pits, etc. so you could hang out down there.
-- Edited by Lawyerlady on Wednesday 28th of January 2015 02:03:42 PM
My dorm in college was the same way. It was the only all girls dorm on campus though. If you had your boyfriend come over earlier in the day he could stay the night-because they didn't go door to door and check, but if he didn't leave by 10, he would have to stay the night and leave the next morning or you would risk getting in trouble for having him there after 10pm. If there were a ton of guys it would have been pretty noticeable though.
But I have to wonder about some of the other date rapes. If both the boy and girl are drinking and drunk, then why is only the female allowed to use her incapacitate state as an out for saying yes (i.e. I was too drunk to make a congnizant decision to say yes or no) but the male is held to a higher standard?
I mean, don't get me wrong, the catch 22 for drunk driving is a good standard, but...
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“One day, you will be old enough to start reading fairytales again.”
C.S.Lewis
But I have to wonder about some of the other date rapes. If both the boy and girl are drinking and drunk, then why is only the female allowed to use her incapacitate state as an out for saying yes (i.e. I was too drunk to make a congnizant decision to say yes or no) but the male is held to a higher standard?
I mean, don't get me wrong, the catch 22 for drunk driving is a good standard, but...
I think if she is passed out-that's an automatic no. No matter how drunk the boy is.
Sounds like they were overconfident they would be found not guilty. It is a shame to see so many young lives ruined but they should never have done what they did, drunk or not.
But I have to wonder about some of the other date rapes. If both the boy and girl are drinking and drunk, then why is only the female allowed to use her incapacitate state as an out for saying yes (i.e. I was too drunk to make a congnizant decision to say yes or no) but the male is held to a higher standard?
I mean, don't get me wrong, the catch 22 for drunk driving is a good standard, but...
I think if a girl says "yes" - it's a yes even if she is drunk. And yes can be inferred by action - like passionately kissing and helping the guy undress. But, a girl that is passed out cannot give consent.
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LawyerLady
I can explain it to you, but I can't understand it for you.
Sounds like they were overconfident they would be found not guilty. It is a shame to see so many young lives ruined but they should never have done what they did, drunk or not.
Vandenburg didn't actually touch her. He "just" (sarcasm) encouraged and directed his friends to do what they did to her. He recorded it and sent it out to players on the football team. He really thought that since he didn't penetrate her, he would be found not guilty...
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America guarantees equal opportunity, not equal outcome...
Sounds like they were overconfident they would be found not guilty. It is a shame to see so many young lives ruined but they should never have done what they did, drunk or not.
Vandenburg didn't actually touch her. He "just" (sarcasm) encouraged and directed his friends to do what they did to her. He recorded it and sent it out to players on the football team. He really thought that since he didn't penetrate her, he would be found not guilty...
I think since he directed it he was guilty & it sounds like the jury did too. I think he is even worse than the others because the article said he'd been seeing her. He should have been protecting her not orchestrating her rape.
Sounds like they were overconfident they would be found not guilty. It is a shame to see so many young lives ruined but they should never have done what they did, drunk or not.
Vandenburg didn't actually touch her. He "just" (sarcasm) encouraged and directed his friends to do what they did to her. He recorded it and sent it out to players on the football team. He really thought that since he didn't penetrate her, he would be found not guilty...
I think since he directed it he was guilty & it sounds like the jury did too. I think he is even worse than the others because the article said he'd been seeing her. He should have been protecting her not orchestrating her rape.
Agree 100% Lexxy. In his mind though, there was no way he was going to found guilty. His attorney either didn't level with him or he just refused to listen. I think it's probably the latter. Throughout this, he has seemed very c0cky.
-- Edited by Ohfour on Wednesday 28th of January 2015 02:44:50 PM
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America guarantees equal opportunity, not equal outcome...
Sounds like they were overconfident they would be found not guilty. It is a shame to see so many young lives ruined but they should never have done what they did, drunk or not.
Vandenburg didn't actually touch her. He "just" (sarcasm) encouraged and directed his friends to do what they did to her. He recorded it and sent it out to players on the football team. He really thought that since he didn't penetrate her, he would be found not guilty...
I think since he directed it he was guilty & it sounds like the jury did too. I think he is even worse than the others because the article said he'd been seeing her. He should have been protecting her not orchestrating her rape.
Agree 100% Lexxy. In his mind though, there was no way he was going to found guilty. His attorney either didn't level with him or he just refused to listen. I think it's probably the latter. Throughout this, he has seemed very c0cky.
-- Edited by Ohfour on Wednesday 28th of January 2015 02:44:50 PM
He looks like a ****y jerk from his picture. He's probably an entitled rich kid who thinks he's above the rules. Bet he has fun in jail.
(8) Overnight Guests. Overnight guests of the same sex are permitted if the following conditions are met: (a) The guest is registered with the Residence Hall Director prior to staying overnight. (b) The resident host informs the guest of residence hall regulations and accepts responsibility for the guest’s conduct. (c) Permission for a guest to stay more than two (2) consecutive nights must be obtained from the Director of Housing and Residential Life.
This was the case at all the schools we visited as well. I have yet to see a school with a monitor at a desk. I did see some of that in the 90's, but it was few and far between then. Notice that the guest doesn't have to be a student and no age limit is enforced.
These days, even if a dorm is single sex, members of the opposite sex are permitted in. Heck, they don't even have to be students at the school. Any person is allowed in as long as they are accompanied by a student. So if your cousin Fred is a convicted rapist from out of town, as long as you let him in, you are playing by the rules
It isnt a cure, and I am not sure it would solve anything. But as a mother, I think single sex dorms would be a great start.
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Out of all the lies I have told, "just kidding" is my favorite !
My nephew (Huge football player, sweetheart) saw a girl drugged at a frat party. He scooped the girl up located her friends and brought her to her dorm room. He wasn't letting that happen to a girl.
My nephew (Huge football player, sweetheart) saw a girl drugged at a frat party. He scooped the girl up located her friends and brought her to her dorm room. He wasn't letting that happen to a girl.
Your nephew is a real man. Good for him!
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Out of all the lies I have told, "just kidding" is my favorite !
My nephew (Huge football player, sweetheart) saw a girl drugged at a frat party. He scooped the girl up located her friends and brought her to her dorm room. He wasn't letting that happen to a girl.
I love those guys! I knew a few. I remember (very vaguely) being carried back to my friend's apartment on one occasion and deposited safely in her room. I didn't get that drunk again. Without chivalry - that evening could have ended badly.
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LawyerLady
I can explain it to you, but I can't understand it for you.
My nephew (Huge football player, sweetheart) saw a girl drugged at a frat party. He scooped the girl up located her friends and brought her to her dorm room. He wasn't letting that happen to a girl.
Your nephew is a real man. Good for him!
Amen...
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America guarantees equal opportunity, not equal outcome...
Ok. Please let's agree that rape is wrong. Implying he will be raped in prison and he will deserve that, is wrong. Rape is wrong. RAPE IS WRONG.
I understand wanting revenge but I can't even fathom being ok with anyone being raped. Not even a rapist. And the logic of that is suspect as well. If you want him to be revenge raped, one night, 4 guys. This guy will be raped repeatedly for years and that isn't an eye for an eye.
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I'm the Ginger Rogers of spelling...that means I'm smat.
Lesson learned in February: I don't have to keep up, I just have to keep moving!
DD had an old high school boyfriend visit her at college. They were outside a frat house where she went to a lot of parties and knew a lot of guys. DD and exBF started to argue, and the ex slapped DD across the face. She said as soon as she felt the slap, she heard someone say "oh hell NO! Not in our house!" and a bunch of frat guys jumped off the porch and picked up the ex and carried him off. DD never saw him again or heard from him after that. The frat boys said "don't worry about it. We taught him what happens to boys who slap women".
Frat boys can be good guys. I don't like when they all get a bad rap because of a few douche rockets like the guy in the OP.
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Out of all the lies I have told, "just kidding" is my favorite !
My nephew (Huge football player, sweetheart) saw a girl drugged at a frat party. He scooped the girl up located her friends and brought her to her dorm room. He wasn't letting that happen to a girl.
Your nephew is a real man. Good for him!
He is awesome. He never mentioned it. His sister told me. He doesn't like idiots.
I lived by the Frat he was a part of. No one could believe I was his auntie. They all watched out for me, daily. I would give them home baked treats. My nephew would just beam with pride. I miss them all.
Ok. Please let's agree that rape is wrong. Implying he will be raped in prison and he will deserve that, is wrong. Rape is wrong. RAPE IS WRONG.
I understand wanting revenge but I can't even fathom being ok with anyone being raped. Not even a rapist. And the logic of that is suspect as well. If you want him to be revenge raped, one night, 4 guys. This guy will be raped repeatedly for years and that isn't an eye for an eye.
I agree.
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LawyerLady
I can explain it to you, but I can't understand it for you.
My nephew (Huge football player, sweetheart) saw a girl drugged at a frat party. He scooped the girl up located her friends and brought her to her dorm room. He wasn't letting that happen to a girl.
I love those guys! I knew a few. I remember (very vaguely) being carried back to my friend's apartment on one occasion and deposited safely in her room. I didn't get that drunk again. Without chivalry - that evening could have ended badly.
I agree. I was getting stalked and my male coworkers were out drinking. Tough, athletic guys. The loser stalker started with one. Yeah, that ended in a beat down. The one the stalker mouthed off to? Yikes, tough guy. One of my friends called to tell me. Gee? The stalker went away.
Anyone that exhibits this type of behavior when drunk, has it "in" them. Using being drunk as an excuse as an abuser is a non starter (with me). There are so many college students that party, as you all have pointed out, that when they see something wrong going on they jump in and stop it.
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Sometimes you're the windshield, and sometimes you're the bug.
Another one -
________________________________________________________________________________________________________
A former Stanford University swimmer will face several felony charges after prosecutors say he raped a woman as she lay unconscious on campus grounds.
Brock Allen Turner, 19, is expected to be formally charged Wednesday with five felony counts, including rape of an unconscious woman, rape of an intoxicated woman and two counts of sexual assault with a foreign object, the Santa Clara County district attorney's office told The Times.
Turner voluntarily withdrew from the university Tuesday, Stanford spokeswoman Lisa Lapin said. He's not allowed to re-register for classes and is barred from setting foot on campus, Lapin said.
Early on the morning on Jan. 18, prosecutors say, two men riding bikes on campus spotted a man later identified as Turner on top of an unconscious woman. Turner ran away, but the pair tackled him. A third person called police.
Turner was arrested, booked into the Santa Clara County Jail and released after posting $150,000 bail, prosecutors said. He's scheduled to be arraigned Feb. 2.
The investigation into the incident was conducted by the Stanford University Department of Public Safety, which turned over its findings to prosecutors.
An Ohio native, Turner was a freshman at Stanford. He swam freestyle and backstroke for the Cardinal, according to the university's online athletic roster. His profile has since been taken down.
The alleged victim was not enrolled at Stanford and was visiting the campus for a party, prosecutors said.
Turner was not a member of a fraternity, said Lapin, explaining that freshmen cannot join fraternities or sororities until the spring.
Turner could not be reached for comment.
_________________________________________________________________________________________________________
At least this one had good guys, too.
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LawyerLady
I can explain it to you, but I can't understand it for you.
the prosecutor was exactly right--this wasn't about the binge-drinking / promiscuous sex atmosphere of universities at all--it was about a bunch of entitled punks thinking they could do whatever they wanted and get away with it
as a frat guy myself, can state for a fact that despite many, many drunken / nutso / obnoxious parties / nights was never, ever involved in ( or witnessed ) the rape of any women ( not one ) either sober / loaded / stoned / passed-out, whatever--and that was over the course of several years at two major state universities ( in TX and CA )--drunk or no, those boys knew what they were doing and that it was wrong--they need to go inside for a long time
kudos to the woman for making them pay--right on, young lady
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" the only thing necessary for the triumph of evil is for good men to do nothing. "--edmund burke
Another one - ________________________________________________________________________________________________________
A former Stanford University swimmer will face several felony charges after prosecutors say he raped a woman as she lay unconscious on campus grounds.
Brock Allen Turner, 19, is expected to be formally charged Wednesday with five felony counts, including rape of an unconscious woman, rape of an intoxicated woman and two counts of sexual assault with a foreign object, the Santa Clara County district attorney's office told The Times.
Turner voluntarily withdrew from the university Tuesday, Stanford spokeswoman Lisa Lapin said. He's not allowed to re-register for classes and is barred from setting foot on campus, Lapin said.
Early on the morning on Jan. 18, prosecutors say, two men riding bikes on campus spotted a man later identified as Turner on top of an unconscious woman. Turner ran away, but the pair tackled him. A third person called police.
Turner was arrested, booked into the Santa Clara County Jail and released after posting $150,000 bail, prosecutors said. He's scheduled to be arraigned Feb. 2.
The investigation into the incident was conducted by the Stanford University Department of Public Safety, which turned over its findings to prosecutors.
An Ohio native, Turner was a freshman at Stanford. He swam freestyle and backstroke for the Cardinal, according to the university's online athletic roster. His profile has since been taken down.
The alleged victim was not enrolled at Stanford and was visiting the campus for a party, prosecutors said.
Turner was not a member of a fraternity, said Lapin, explaining that freshmen cannot join fraternities or sororities until the spring.
Turner could not be reached for comment. _________________________________________________________________________________________________________
At least this one had good guys, too.
Oh my God. I saw his pic on another site. I think I met him before. I have to check with DD when she gets home. I can't remember the name of the guy we met, but he looks just like the pic. Damn.
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Out of all the lies I have told, "just kidding" is my favorite !
the prosecutor was exactly right--this wasn't about the binge-drinking / promiscuous sex atmosphere of universities at all--it was about a bunch of entitled punks thinking they could do whatever they wanted and get away with it
as a frat guy myself, can state for a fact that despite many, many drunken / nutso / obnoxious parties / nights was never, ever involved in ( or witnessed ) the rape of any women ( not one ) either sober / loaded / stoned / passed-out, whatever--and that was over the course of several years at two major state universities ( in TX and CA )--drunk or no, those boys knew what they were doing and that it was wrong--they need to go inside for a long time
kudos to the woman for making them pay--right on, young lady
My son was a Frat guy. And he supports your experience Burns/ He would be the first guy to protect anyone.
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Sometimes you're the windshield, and sometimes you're the bug.