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While the story of the supposed sexual assault on "Jane Doe" at Cornell by seven students in the Chi Phi fraternity has devolved into a swamp of finger-pointing and changed stories, everyone is ignoring the real story.
Most or all of the students involved were using ketamine, a Schedule III controlled substance. Under New York law, possessing even a small amount of ketamine is a misdemeanor punishable by up to a year in jail and a $1000 fine. Possessing a larger amount is a felony. Someone there was trafficking ketamine (distributing it for free is considering trafficking), which is federal felony and punishable by up to ten years in prison and a $500,000 fine.
Everyone involved was drunk as well. Our beloved-by-the-left Jane Doe was only 20 at the time, so her admitted alcohol consumption was illegal. She arrived at the frat party already intoxicated, so she can't blame the men for that. I couldn't find the ages of the seven men, but I'll bet some of them were under 21. I think that the legal drinking age of 21 is silly and counter-productive, but it is the law. The penalty in New York for underage possession of alcohol entails only a $50 fine, required completion of an alcohol awareness course, and 30 hours of community service; so violations are not taken very seriously.
I realize that it is old-fashioned and fuddy-duddy to be concerned about drug and alcohol crimes, but their abuse was a major factor in the degrading and immoral sexual conduct that followed.
Discussion (25)
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Bad behavior follows drug and alcohol consumption... Who'd have thunk it?
I hadn't considered the legal ramifications of Jane Doe's statements that ketamine was on hand.
So even if the case against the Cornell 7 is not pursued, the drug charge cases could come about.
From the little I know about the rape end of possible charges, Doe invited two men to have sex with her, then invited a third. Four other males then joined in.
The "Me Too" movement has followers who want to have all 7 men charged with rape. Because since Doe was inebriated, did she truly consent?
At least one male political pundit has gone out on a limb by saying if sex occurred with Jane Doe and her 7 consorts, and her situation is considered rape, then what about the males themselves?
How is it always the member of the "fairer sex" whose lack of a sober status ends up allowing her to pursue the males with criminal charges? Why can't the males go after her for rape, if they were equally inebriated?
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This is a good point. The proposed changes to the law which would have allowed the males to be charged would result in a situation in which some people who are drunk can be considered not in control of their actions, but others who are equally drunk are considered in control of their actions. That would be a clear violation of equal protection under the law.
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She rejected some requested sex acts and accepted others, from what I understand. She remained friendly with two of the young dudes, and exchanged friendly texts for some time. Everything turned for her when they started to distance themselves. She has no case.
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That's a great point. One of the Cornell men did say he had been too drunk to give consent and that Jane Doe had given him oral sex without his consent and thereby sexually assaulted him. I doubt that will fly, but logically it should.
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But apparently not so drunk that they couldn't make those disgusting tweets, advertising their depravity to the world. They all - male and female - behaved abominably and, as you say, were using a controlled substance illegally. The argument might have stayed there. But the tweets showed at least some knew what they were doing. I have no sympathy for them; if the girl is responsible for her actions, so are the boys.
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