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The Sex Was Consensual But The Condom Fell Off And He Was Accused Of Sexual Assault. Yale Suspended Him.

A student who was suspended by his university after a condom incident “during an otherwise consensual encounter” is suing his former school.

The student, referred to in court documents as John Doe, said in his lawsuit that he met his accuser, referred to as Ann Roe, on Tinder. The two met up in the early morning hours of December 9, 2018. They eventually returned to John’s room for what both students described as a consensual sexual encounter. After about 45 minutes, however, there was a condom mishap (Ann gave different versions of what happened) and John had to put on a new one.

John claimed he asked Ann for consent “before the unprotected contact” and twice during the “short time” where he wore no condom. Ann would eventually tell campus investigators otherwise.

For the rest of December, John claimed in his lawsuit, the two continued to chat online in a friendly manner, but in January, Ann started expressing concern over the brief, unprotected portion of their encounter. On January 16, 2019, to wrote to John:

I wasn’t comfortable with like being penetrated without protection HAHA it like happened briefly but it left me pretty confused … I’m not like mad or gonna like idk try to get you in trouble or anything I was just confused.

Ann wrote again the next day, saying she was “not trying to smear you or anything but I need some time to think about how I feel about this situation.”

She now also claimed to have been “actually sexually assaulted multiple times.”

Two weeks later, Ann would tell Yale investigators that the unprotected sexual intercourse was nonconsensual.

Ann, according to the lawsuit, gave a different version of the events to each of three male friends. She told one that John removed the condom and she then performed oral sex on him. She told another that it was she who removed the condom. She told the third that John removed the condom without telling her, an act referred to as “stealthing.”

She told a Yale investigator that the “condom came off,” they briefly continued to have sex, and then John put on a new condom and they continued again.

John said in his lawsuit that he was not treated fairly at his hearing. He said the panelists questioned him in a “demeaning tone” while they were “very polite and conciliatory” with Ann, with whom they even joked. Meanwhile, multiple panelists at various times glared at John “with a look of disgust.”

The panel asked John about his drinking the night of the encounter and his past sexual history. They did not ask the same of Ann.

John said in his lawsuit that he thinks Ann was pressured into filing a formal complaint against him by Yale investigators looking to claim that reporting is up. If true, he would be in a situation similar to that of Jack Montague, whose accuser appears to have been tricked into filing a report by Yale officials who falsely claimed Montague had been accused of sexual assault before. That case is heading to trial.

The College Fix, which first reported the story, said John is seeking at least $75,000 in damages in addition to physical, emotional, and psychological damages he suffered as a result of Yale’s biased adjudication process.

 
 
 

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