Rape charge against UC Berkeley student dismissed

Friday, October 17, 2014

Rape charge against UC Berkeley student dismissed

By Katy Abbott | Senior Staff

Last Updated October 17, 2014

On Friday, a rape charge against UC Berkeley student Eugene Quillin was dismissed after prosecutors concluded that Quillin was innocent of committing the crime.

Quillin, 20, was charged with rape by use of drugs last week after an alleged sexual assault Sept. 27 was reported. The woman whom Quillin was charged with assaulting, identified in court documents only as “Jane Doe,” was “prevented from resisting by an intoxicating, anesthetic, and controlled substance,” according to the court documents.

But after reviewing the evidence provided by Berkeley Police Department and interviewing Jane Doe, district attorney spokesperson Teresa Drenick said, the Alameda County District Attorney’s Office determined that Quillin didn’t commit any sexual assault Sept. 27 and motioned to dismiss the charges.

The charges were dismissed Friday, the same day Quillin was scheduled to enter a plea. Judge Gregory Syren granted an 851.8 motion filed by the defense — indicating a factual finding of innocence — that seals off and destroys the records of Quillin’s arrest. The motion differs from expungement because the motion, under Penal Code 851.8, indicates Quillin shouldn’t have been arrested in the first place.

Drenick said Jane Doe was apprised of the decision to dismiss charges and kept informed of the case’s progress.

On the night Quillin was arrested, detectives from BPD’s special victims unit executed a search warrant at the Delta Upsilon fraternity, where they detained Quillin.

The dismissal of the charge against Quillin comes alongside two crime alerts released Thursday and Friday by UCPD reporting alleged sexual assaults at fraternities. Five individuals said they were given “roofies” and sexually assaulted last weekend at the Delta Kappa Epsilon fraternity, while a leader in Theta Delta Chi reported that one member of his fraternity had sexually assaulted another member.

Delta Kappa Epsilon lost its campus affiliation in 2009 after allegations of hazing, fire safety hazards and other student conduct violations.

According to Berkeleyside, which first reported that Quillin’s charges had been dismissed, Quillin’s attorney, Ted Cassman, said although Quillin’s innocence demonstrates that the system works, he and his family suffered from “exaggerated” and “inaccurate” information disseminated after his arrest.

Katy Abbott covers crime and courts. Contact her at [email protected] and follow her on Twitter @katyeabbott.

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SeeThroughYou

To this day I have an arrest on my record that was based on a practical joke(my friend thought it would be funny to tell 911 I was a burglar while breaking into my own parent’s house because I lost the key) and dismissed that same day and it would have cost me $4000 to have it removed.

Not convicted, never went to court, my criminal record as clean as a whistle but the arrest still shows and when getting certain certifications I have to write an explanation of why I was arrested 15 years ago.

This guy should be able to sue..
1kenthomas

Thanks for the clarification. If I may– you explain why it might be hard for a researcher in a Berkeley lab to obtain for research; but the original argument, as I saw it, was that this difficult spoke to a lack of the substance in the field.
I probably should not name, any institution where a Dean and chemistry professor, has been convicted on related drug charges– but I could.
And down in the 3rd and 4th tiers, where Ph.D.s from the first tiers find themselves untenured after making $20K/year for a while, well, as I see it, the rules for what does and does not get made in the labs, are enforced quite differently.
1kenthomas

Well let’s see.
Alan is a public figure. I couldn’t possibly comment, on whether he is a “leading legal *scholar*” — that would require others in his field.
Do 28 Harvard Law professors make 28 leading legal scholars? The answer is obviously, no.
Now, do Harvard’s recently announced policies, created in response to Justice breathing down their neck about pass abuses and lack of investigation– make sense?
Probably not, for the same reasons that their past policies and actions, also were not sufficient and effective in preventing campus sexual assaults.

But that wasn’t what we were talking about, at all. Harvard’s policies are quite new– not the policies of Harvard before it came under investigation for sweeping allegations under the table, not the policies of Yale, or Penn.

And what we were talking about, was whether overall, men have faced a stacked deck in such investigations, and do so now.

The answer is quite clearly “no,” though a lot of you, seem quite surprised and irked, that the tilt in the deck, is being corrected.

(P.S.: Harvard Law Professors, like all attorneys, certainly would prefer to be paid to attend campus judicial proceedings, of course).
SeeThroughYou

Frat houses are terribly dangerous places for actual rapists. Upon discovery of such an event most brothers will beat the offender within an inch of their lives for bringing shame and scandal on their fraternity and scaring away eligible women.

Our Misandric legal system has made sexual regret into a weapon to destroy men.
Pixilicious

“Quinlan shouldn’t have been arrested in the first place” so his record has been wiped clean?

Yet thanks to the Bee Pee Dee which falsely arrested him, the media which spread this man’s name across the internet as a perp AND the very same media which re-emphasized his name again in stories like this, the stink of this will follow him forever.

There IS no wiping his record clean and this innocent man has the Daily Cal to thank for it.
Doug Taylor

Yeah, like I said, it’s all a tidy financial arrangement. The police still found enough evidence to make an arrest, but the attorneys squashed it. Lucky for this guy. Wouldn’t trust ’em as far as I could throw ’em. Maybe he won’t get so lucky next time.
anne elizabeth

@1kenthomas:disqus Campuses do err on the side of caution and have an enormously broad definition of sexual assault vs how it is defined under the CA penal code. They also use a lower standard – preponderance which is used in civil court vs beyond a reasonable doubt which is used in criminal court. Also, in a civil court, the accused is allowed due process and is able to confront and question his accuser. The accused is denied this basic right to due process in college campus sexual assault judicial proceedings. Those who support the lack of due process in this situation claim that it is not important because if found guilty, the accused will not go to jail. However, with a possible outcome of expulsion and a transcript showing sexual assault, we might argue that the accused is facing very grave life-altering consequences and should be allowed the right to an attorney and due process in college judicial proceedings.
- 1kenthomas
  
  While I understand your point, you muddle a lot of issues.
  Campus definitions of rape, sexual assault, sexual misconduct, and a hundred other terms, vary widely. Sometimes, rape is not even used, and is not an offense on campus. I’ll refer you just to Yale.
  Otherwise, your “preponderance of evidence” and “due process” arguments are noted, but deceptive. A campus disciplinary proceeding does not have the consequences of a Court proceeding. While such proceedings may or may not be “Kangaroo Courts,” they are essentially private proceedings, and one is not entitled to “due process” rights in them– for the simple reason that one is not in a Court of Law, and due process refers to rights in a Court of Law, not in private disciplinary proceedings.
  My simple and blunt point is that, while rape is rarely sucessfully prosecuted, you will find that the definition of rape (or sexual assault, or misconduct etc) on campuses, is in fact less broad, than the legal definition of rape in most US States (with the notable exception of a number of Southern states, which operate under a different legal tradition).
  Finally, if you actually look at the cases– I have, for over a quarter-century– I don’t think you’ll find, quite what you assert. Yes, campus procedures do not follow formal rules, and can and do get things wrong. But often, that favours the accused. Permanent expulsion is relatively rare, even in cases where you as a student or parent, would not want the person back on campus.
  Respectfully, the consequences of plagarism and academic misconduct, are usually worse, and we don’t complain about campus disciplinary committees expelling without due process, then.
  “A transcript showing sexual assault?” Equally respectfully, that is not possible given Federal privacy legislation, and is certainly not practice given the very real possibility of lawsuit by the accused party. That you assert such a thing, shows you don’t know the material.
  - anne elizabeth
    
    Another good source for you would be the FIRE website. There are links to many articles by leading legal scholars regarding the necessity of due process in college judicial proceedings. I, unfortunately, know the material very well.
    - 1kenthomas
      
      Given that the account labeled “anne elizabeth” has trolled college rape discussions for the past several months spreading disinformation, I rather doubt that. I rather suspect you’re a paid troll for FIRE or such.
      And “leading legal scholars” publish for FIRE? I was at Vanderbilt Law’s reunion last week; don’t make me laugh.
      - anne elizabeth
        
        No, I am a parent of two college-aged men. If you are an attorney, you would read carefully – “there are links to many articles by many leading legal scholars”. Vanderbilt better check their admission policies.
      - 1kenthomas
        
        Respectfully, “anne elizabeth:”
        
        If I were being as snarky as you, (and your snark, doesn’t help the level of discourse), I might reply:
        “Two college aged ‘men?’ Has one of your boys, gotten himself into trouble?”
        
        My statement regarding “leading scholars” was precise, or, as Judge Patel once put it in the Napster hearings, “he was careful.” I’ve followed these issues since before your boys were born, and while FIRE’s work regarding speech, and taking on the sometimes simply ridiculous speech codes on campus is oft-times quite reasonable, we were talking in the context of college rape and sexual assault, not speech codes.
        
        Which is to say, speech codes are another issue; my adviser, Judith Butler, for instance, is a strong absolute free-speech advocate (while I have found myself, less so).
        
        Respectfully, you should be able to figure out from my profile, that I would be among the top ten candidates at Harvard Law or anywhere else. Mud slinging of that nature, is silly.
        
        Greg, below, states “[c]ampus hearings are kangaroo courts where the man is guilty until he proves his innocence, and then he’s still guilty.” Unfortunately for this position, I’ve monitored such hearings and their results at a number of institutions.
        
        And while I see why some might come to that conclusion– certainly, they can be somewhat unfair to, well, all involved– the simply fact is that the consequences really aren’t that harsh, and that by-and-large, the institutional prejudice is, and remains, against women who demand justice, not men who are accused.
        
        Does that mean that occasionally innocent men are penalized? Well, I believe that about one in ten murder convictions in the US (at least) is of an innocent person– according to Justice review. The percentage of men on college campuses who face unjustified penalties for sexual assault, is certainly far less.
        
        The number of women whose lives are severely impacted by the behavior of men, is certainly, far, far more. I know: I’ve counseled those women, and watched the impact play out, over the decades. That impact, is far worse, than being expelled from college.
        
        And certainly, at Yale, Harvard, Vanderbilt, Berkeley, and so on– I might add, my beloved Williams– the history is simply, that women have and do face an uphill battle, while institutional arrangements, far favour perpetrators of sexual violence, despite all hopes.
        
        For instance, Williams currently enrolls a hockey player, judged to have conducted a sexual assault by its Discipline Committee. Senior staff at Vanderbilt, took what appears to be blatantly illegal action, to cover up the current rape case and intimidate the victim.
        
        Your pattern of posting, singularly on this one issue, is certainly, odd. At the least, it suggests you lack perspective. While it is certainly unfortunate if any man or woman faces an unjust penalty from a campus disciplinary proceeding, these are not Courts and the standards are not the same.
        
        Again, neither are the penalties.
        
        At the same, women on campuses have and continue to face relative impunity in matters of sexual abuse and violence. At Williams, for instance, Williams’ own research shows that approximately one-third of students experience unwanted sexual assault (rape) while at Williams.
        
        To protect a few men from relatively minor penalties, at the cost of allowing the above to continue, would truly be to throw the baby out with the bathwater.
      - anne elizabeth
        
        We can agree to disagree about the situation for accused students on college campuses. As a woman and mother, I may have a different perspective and understanding of this issue.
        Before accusing me of snarkiness, you may want to check your own snark factor in all of your comments posted here. Wouldn’t it be better to make the situation work for all students? If you can be open minded, there are lots of great articles listed on the FIRE website (and many other sites if you are not a FIRE fan) about the necessity of due process for accused students on college campuses. And yes, due process should apply when there are life-altering consequences.
      - Imsloan68
        
        Your the troll you ignoramus
1kenthomas

Where in the article does it say this?
- Chargglez
  
  “In court Friday, deputy district attorney Joni Leventis said, according to a court transcript, that she had closely reviewed the evidence from police, and had interviewed the woman who initially reported the rape.
  
  ‘I’ve had several discussions with her about those events and we’ve concluded that Mr. Quillin did not commit any sexual assault on September 27th, 2014. And I would add that Jane Doe is in agreement with that conclusion that we have come to,’ Leventis told the judge.”
  
  The Daily Cal left it out, but most sources seem to have that quote. Maybe the accuser thought the guy roofied her but found out he didn’t or something. Who knows?
  - 1kenthomas
    
    It looks like the DC added that quote in an update to the article (?).
    
    Regardless, the above *does not say a rape did not occur*. It says (more or less) the police asserted (for whatever reasons, which might well include potential charges of misconduct) that Quillin is innocent, and that they asserted that Jane Doe agreed.
    
    Nothing more. We do not know, that the statements are true, after all.
    
    Indeed, we simply don’t know, and have few details to fill in the picture.
Livnthedream

I find the removing of some of these comments and in general how they are being flagged as outright disgusting. Those of you complaining about a witch hunt are perfectly fine with smearing someone who there wasn’t enough evidence to convict. Whether he is a good guy, or did what was claimed, no idea. Lowering the bar so mere words can ruin lives is not ok.
Willliam Wallace

How much $$$ did that cost his parents?
Doug Taylor

Very unimpressed with this outcome. At least I know the name of the scumbag in question. Eugene Quillin, let’s agree to never ever meet in real life.
- LDop
  
  Granting a writ of innocence is an astounding issue since it is virtually never granted by the court; indeed some state courts have never granted one. In any given year there are only a handful, in the entire nation, and only after years of litigation by the defendant. To have the prosecution itself seek this is almost iron-clad evidence that the DA realized the defendant was actually innocent and that there was no case.
  - 1kenthomas
    
    I voted up, but also have suspicions. There may be more to this, than we can see immediately.
Neighbor

Fraternities need to go, it is clear. They do not belong at a supposedly progressive school that values diversity. Too much disrespect of the young women students.
LDop

The pervasiveness of “roofies” is an urban myth; most cases when investigated via blood tests conducted alongside rape kits show no evidence of date rape drugs – a fact well known in DA offices and in the medical community. Why? In most of such mistaken cases the individual mistook being highly inebriated with being given a date rape drug.

But getting back to this case – it illustrates why such reports should first be vetted by the police and not by the university itself. Had this been exclusively investigated by the school, this innocent student would have had no opportunity to investigate or review the facts against him, no ability to see the alleged evidence, no ability to cross examine Jane Doe or any of her witnesses, and no ability to utilize an attorney during the active proceedings.

I also wonder if the Daily Cal is interested in exploring the reaction to this story. In the initial stories naming this student, the comments sections were rife with claims of “white male privilege,” accusations those who accepted anything less than assuming automatic guilt were “rape apologists,” that fraternities must have been involved, and that even if two parties were equally incapacitated (or the male was even more incapacitated), it was always the male who was guilty of rape.

This paper, instead of actually checking to see if the case against it’s own fellow student was factual, instead painted him as de facto guilty by virtue of an accusation without any counterbalancing nuance or facts. Nice work Daily Cal, you must be incredibly disappointed that this falsely accused student wasn’t railroaded into expulsion.

As an alumni I remember that over a decade ago there was a big case on campus where a female student alleged that a male student raped her in her dorm room. His name was widely published, and guilt was automatically assumed, until the police investigated and found that it would have been exceedingly difficult to happen, that everyone on her dorm floor (including her two roommates) did not believe her, and that she was a habitual liar. Of course, this only came out after the male student was smeared by campus feminist groups that protested and called for his automatic expulsion.
- 1776
  
  “Nice work Daily Cal, you must be incredibly disappointed that this falsely accused student wasn’t railroaded into expulsion.”
  
  Ohh don’t worry that is next
- Neighbor
  
  The date rape drugs are not detectable after a relatively short time, that’s why those drugs are used.
  - LDop
    
    Contrary to popular myth, they can be detected days after consumption. Two of the common “date rape” drugs possess a long half life, and are best detected soon after consumption but up to 3-5 days afterwards. Another, GHB, has a short half life but can be detected in the hair even long after consumption.
    
    Additionally there have been studies in multiple countries looking at whether individuals who claimed they were given such drugs did in fact have any traces in their systems, and the consensus is that the more likely explanation is that the individual used multiple recreational drugs with alcohol or binged on alcohol. Studies in the UK and Australia found that in virtually all claims, no traces of such drugs were detected. A study published in one British journal found that none of the women who were studied in the ER who reported being given such drugs tested positive for them. In some countries like the UK and Australia, police and the medical establishment considers it an urban myth. But not here in the US, where for some reason we continue to believe these drugs are pervasive and easy to get a hold of.
    - 1kenthomas
      
      Please at least link. Otherwise, we’re relying on your anecdotal “eyewitness testimony” memory, of a few studies, which many be “among many” and contradicted by other studies or follow-ups.
      Respectfully, hardly the evidence I’d expect to be presented in a Berkeley classroom :).
      Your final statement makes me wonder if you made the entire thing up. I’ve lived in the Benelux, France, Germany, Mexico City, and elsewhere. I’ve known chemistry professors, who made these drugs formulas for sale (there are more than a few public cases).
      My anecdotal assertion: you’re simply wrong. The drugs are easily available on the street in most US cities.
      - LDop
        
        Yes, anecdotes are not evidence; nonetheless my skepticism is drawn from the stories I hear from my acquaintances. Several of my friends are DAs in the Bay Area and they frequently complain about how overblown the media makes this issue, displacing a real need to inform on the dangers of illicit recreational drug use and alcohol abuse. I also draw these conclusions from my background in chemistry and pharmacokinetics. It’s notoriously difficult to even find these date rape drugs in the US, so much so that one friend’s research proposal to study the effects of different sedatives, including two of the benzodiazephines and GHB was scuttled because her lab had no way to get ahold of some of these “date rape” drugs.
        
        Here are two recent studies looking at the date rape drug myth:
        http://www.telegraph.co.uk/news/uknews/crime/6440589/Date-rape-drink-spiking-an-urban-legend.html
        http://freakonomics.com/2009/11/24/the-spiked-drink-myth/
        
        Burgess A, Donovan P, Moore SEH. EMBODYING UNCERTAINTY? Understanding Heightened Risk Perception of Drink ‘Spiking’. BRIT. J. CRIMINOL. (2009) 49, 848–
        Quigley, P., Lynch, D. M., Little, M., et al. Prospective study of 101 patients with suspected drink spiking. Emergency Medicine Australasia. (2009). 21 (3): 222–228.
    - https://mscarol420247.wordpress.com/wp-admin/ MsCarol420
      
      Date rape drugs are used in less than 1% of tested reports.
- Neighbor
  
  “Of course, this only came out after the male student was smeared by
  campus feminist groups that protested and called for his automatic
  expulsion.” there are female sociopaths and narcissists who do things like this but they are rare. At least it was resolved? Most accusations are likely to be true.
- Greg
  
  Date destroyed right here by @cl_kitchens https://mobile.twitter.com/cl_kitchens
1kenthomas

Well, that’s an intelligent and articulate comment. Care to drop by the Pub in Albany next week, to discuss?
- Imsloan68
  
  Are you going to be the one at the barstool trying to get laid by showing how sensitive you are?
  - 1kenthomas
    
    Oh you *again*. A latecomer, but again, articulate and insightful, and bringing so much, to the conversation and topic.
    Reply to Question: No. I actually would have had to take a flight across a border (or two) to make it to the Pub, but hey, any good excuse to be back. A Delta SkyClub in ATL or LAX, the Salon Premier at MEX, or the AirFrance Lounge in PAR, (etc) is easier, but I figured those would be harder for HighRy and I need to get back to the Bay. (Why can’t Delta put in a lounge at OAK?)
    
    As far as you– consider yourself banned from the Pub if I ever know who you are in real life.
    And if you’d like to chat– well, if there’s an empty seat in First on PAR-AMM, I could pull you into it.
    But the connecting embassy flight to Baghdad is probably not your thing, as the Iraqis running the airport now, like to say that the runway covered with a sandstorm, is the clear one. (The pilots tend to do the opposite of whatever they recommend).
    And I really, really, wouldn’t recommend using your “mangina” slur, on anyone on that flight.
    ‘Cause if someone happened to fall out the door during landing, due to their own negligence, well, you know, no big loss.
http://twitter.com/son_of_guy son_of_guy

This is why laws like SB 967 are a mistake. Innocent men will be charged, and the feminists will just revel in their suffering. I blame this personally on you Meghan Warner. We live in a world where a guy needs a notarized contract, video evidence, and a blood panel to prove that any sexual action isn’t a “rape” and to have his name be broadcast to the entire world.

Also, I wonder how much money this poor guy’s family and fraternity had to spend while “Jane Doe” is just let go freely. I would take civil action against her.
Cristian Rodriguez

Shame on a system that does name the innocent but not the person that made the bogus claim, this prevents other men from protecting themselves.
Note that “factual finding of innocence” is not the same thing as “lack of evidence”.
- 1kenthomas
  
  Whoa. Nothing in the article supports a “bogus claim.” Go back, and read carefully.
  - Ed Lenny
    
    lol, too funny you are whining so much about this.
  - preferrous
    
    … except the declaration of innocence.
    
    1kenthomas, can you read?
    - 1kenthomas
      
      851.8 is not a “declaration of innocence,” by far. Regardless, it concerns whether Mr. Q was or was not the rapist, not the issue of whether a rape occurred.
http://gerardharbison.blogspot.com GerardHarbison

So he was named, why wasn’t she?
- Livnthedream
  
  Because Feminism basically. They have fought several laws giving those accused the same right (anonymity until proven guilty).
anne elizabeth

Truly a horrible story for all involved – for both students and their families. Students need to be made aware of what constitutes rape and assault under the law versus the definition they are given on college campuses. The young woman may not get what she wants under the penal code, but she will most likely be able to inflict grave damage on the innocent young man’s life through Cal’s judicial system.
- 1kenthomas
  
  Wait a second– what exactly is the difference you’re claiming between the law, and what they’re told on campus?
  Because most campuses, don’t err on the side of caution.
  - Ed Lenny
    
    lol, stfu you fake rape apologist.
Greg

He was granted a “Writ of innocence.” No crime was committed. He should have never been arrested, let alone charged. His life is destroyed. You could be next. Think about that.
- 1kenthomas
  
  Exactly how is his life destroyed?!? Really…
  - 1776
    
    Troll bait
  - Greg
    
    Every prospective employer will google his name, n rape will be right there. No one will hire him. This false accusation has destroyed him. Google Vance Blanc, or any Duke LaCrosse falsely accused player. You may be the next falsely accused.
    - 1kenthomas
      
      Google “where are the Duke Lacrosse players now.”
      - Imsloan68
        
        What in the world does this young man have to do with those Duke Lacrosse players? I almost felt bad about calling you a dumb mangina, but you deserve even worse
      - 1kenthomas
        
        Are you talking to me, son? ‘Cause I didn’t bring the Duke incident up… are you drunk? Or just belligerent?
  - anne elizabeth
    
    If his accuser makes a complaint to Judicial Affairs, there is a very good chance he will be expelled for sexual assault because of the very broad definition, lower preponderance standard and lack of due process. Expelled for sexual assault will be on his transcript. He will not be able to get into another college, certainly not one as good as Berkeley. If he remains on campus, he may be subjected to retaliation by his accuser and protesters (as is happening at Columbia) because universities do not provide the same protection and support for the accused as they do for the accuser. I don’t think anyone would want to be in his shoes.
    - 1kenthomas
      
      Anne: see below. It’s hardly the case that most such JA cases result in permanent expulsion, rather than temporary suspensions; plenty of other institutions, would enroll such a student (the proceedings are private); and there’s no such thing, as “sexual assault will be on his transcript.”
      That said: the idea that universities do no provide the same protection and support for the accused as the accuser, is ludicrous. On almost every campus on the nation, the accused has every advantage, and that system, results in rapists coming back to campuses after being accused, and raping again.
      You seem to be engaging, in victim-blaming which blinds you to the truth.
      - politicalcynic
        
        Bothered to read “Yesmeansyes” policies-or what Ezra Klein said about them? He ADMITS they will have the effect of destroying innocent men’s lives…but like people just like you thinks that’s “just fine”.
      - anne elizabeth
        
        I’m not sure how I am victim blaming. There is no victim in this case. The young man was found to be innocent. You may want to do more research on what is happening to accused students on campuses these days. Check out the current John Doe v Occidental case and you will find an example of how the cards are stacked accused men and the difficulty they have getting into another school with a record for expulsion (sexual assault) on their transcript. Another good source of information for what is happening to accused students is the Families Advocating for Campus Equality (FACE) website. And you may not want to call someone a rapist if they have not been found guilty of a crime.
      - 1kenthomas
        
        Let’s see how wrong you are:
        1) He was not “found innocent.” C’mon.
        2) There is no finding that a rape did not occur, in any case.
        3) Being found guilty of a crime in a legal system is quite different, than having committed a crime.
        4) Calling FACE a “good source of information” is ludicrous.
        5) You keep lying about “sexual assault on their transcript.” This statement is just a lie.
        
        I could go on, but at this point, I don’t care if you’re disingenuous, intentionally misrepresenting the facts, a boldface liar, just too dumb to know better, or all the above. People who make irresponsible statements such as you, should be jailed next to the rapists you defend, and are substantively as culpable as them.
      - Justice4All
        
        Let’s review the facts: The falsely accused man is innocent, the police rightfully did not find the woman’s contrived story to be credible. The woman is a false accuser and should be: 1. expelled by the university (won’t happen), 2. charged for lying by the police (won’t happen), 3. named in the media as a false accuser (won’t happen), 4. ordered by the university to be evaluated by medical professionals to determine if she has mental health issues (won’ happen). The guys life is in ruins because of a false accuser and you have the tenacity to claim that others are misrepresenting the facts, that’s laughable. You are either a complete idiot or delusional, probably both.
      - 1kenthomas
        
        No. Simply no. You have no factual evidence for the assertions you make under (1), and then proceed into a standard misogynist narrative of hysterical females. Whether you missed that the police found the story credible, and filed charges, is beyond me– you speak as an anonymous coward– your abusive insults, hardly impress me– your hidden profile, suggests you’re another troll– otherwise, your presentation, as well as its content, is contemptible.
  - Pixilicious
    
    Whenever someone googles his name, this incident will come up. Innocent or not, he’s screwed for the rest of his life. That EXACTLY is how his life is destroyed. “Really …”
    
    Any more questions?? Let’s hope you aren’t a student or alum because such would NOT speak very highly of the Cal Admissions department.
    - 1kenthomas
      
      >Let’s hope you aren’t a student or alum because such would
      >NOT speak very highly of the Cal Admissions department.
      
      Well lessee.
      
      The problem I see in this situation, is that most people seem to be responding with prejudice, not analytic logic and reason.
      
      Unlike you, I prefer to use a handle which exposes my real name. And while I generally prefer to go through life with a bit of humility– despite having a bit of celebrity status, here and there–
      
      it wouldn’t be hard for you to figure out, that I’m Deep Springs alum, as well as a Williams alum. It would be a bit harder to figure out, that I was a Tyng Fellow at Williams, and offered a Presidential Fellowship at Harvard (etc). Not to speak, of anything more recent.
      
      Which would put me within the top 25 choices for those institutions. Roughly.
      
      So you, like several other people here, are railing about me being an idiot; which would seem to be your rhetorical tactic, against someone whose ideas, you oppose or cannot quite begin to grasp; and who disagrees with you.
      
      As positions and tactics go, it seems to me, not a very sophisticated one, and one that most people I knew in middle school, grew out of by their first year of high school.
      
      As to your substantive point: I’ve known many men and women, who got over much worse. I’m suddenly thinking of a man deployed to Iraq some years ago, whose arm was blown off above the elbow, by a RPG which had just took off one of his friend’s head.
      
      None of us, are that important, and I find it hard to think, that in the worst of circumstances, the injustice against this young man, if any, is quite as bad, as the everyday circumstances of many other human beings.
still trying

I am puzzled. We know something went on in that frat house that night.
BPD stated drugs were involved. Evidence was taken. How could BPD make
statements and then have nothing to back it up. Or maybe, the evidence was
lost or contaminated.
- Willliam Wallace
  
  Lost or contaminated evidence, covering up for BPD misconduct, all part of the MO of the Berkeley Police Department!
1776

Seems pretty obvious…not enough evidence. He said she said, most likely he was intoxicated also.
- 1kenthomas
  
  If she was intoxicated, she was incapable of giving consent under California law, and any sex act would be chargeable and convictable, as rape.
  - Ed Lenny
    
    lol, why you so mad bro? The fake rape accuser your sister or something?
    - 1kenthomas
      
      Well, given the sudden witchhunt against the young woman in these parts, it would certainly seem I’ve touched a nerve with you.
      Why so upset, “bro” ? And are you using your real name?
      - Imsloan68
        
        Now your fabricating some “witchhunt” against the woman while simultaneously calling one for a man who was found Not Guilty. Do you realize how stupid you sound? Or do you just dismiss anyone who disagrees with you as being a rape apologist? I hope you never get your crank caught in a false accusation of sexual misconduct because all of your man feminism won’t help you at all.
      - 1kenthomas
        
        Oh, you again. Is there a point to this?
        He was not “found Not Guilty.”
        I have made no assertion regarding the accused man’s guilt, other than
        to say I presume innocence until more facts are on the table.
        I have said, that assertions that the woman’s claim was unfounded or fake,
        are not supported by any facts in the public record, as it has been
        released, as far as I have seen it.
        You are free to refute with facts, logic and analysis– they might get you somewhere, if you used them.
        Otherwise–son, I’m not sure how to get this across to you, without violating
        due humility or the pretense thereof– but do you really, think I give
        much of an iota of a damn, how stupid you, or pretty much anyone
        else, thinks I sound?
        Why don’t you google what a microLenat is? You might learn something…
  - Chargglez
    
    I feel like you’re implying that intoxicated women are less capable of consenting than intoxicated men. That’s a pretty misogynistic implication. 1776’s premise was that they were both intoxicated. In that case, the man would be no more capable of consenting than the women, unless you think women are basically children whose decisions carry less weight.
    - 1kenthomas
      
      I imply no such thing. If both parties are intoxicated, both are incapable of giving consent as it is defined in law.
    - 1kenthomas
      
      My explication makes no such implication. An intoxicated male, is equally incapable of giving consent, in the eyes of the law.
      - sadlkjflsdjfla
        
        .
      - sadlkjflsdjfla
        
        Ok, then why not charge the woman with rape then? Hmm?
  - anne elizabeth
    
    There is a difference between intoxication and incapacitation. Intoxication does not mean she was unable to consent under CA law. It may mean that under Cal’s code of conduct.
    - 1kenthomas
      
      Please check out CA statue again; Antone Johnson and I had a long online exchange with a corporate chief counsel on this, a few months ago.
      From that exchange and other sources, I believe CA requires consent. Consent cannot be meaningfully given under the influence of an intoxicant– if you can’t sign a contract (and have it hold up under scrutiny), you can’t consent.
      Antone and I might both question that standard, as may you, but it seems to be the state of the law in the end.
Neighbor

I wish we had more information. Why were the charges dismissed? Is that sealed also?

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