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Legal Commentary
: AlthouseThe NYT likens real, consensual sex to a false allegation of rape and frets once more about privacy and the internet.
On campus, students were abashed, if not a bit fatigued by the notoriety.What?! Why liken real sex between consenting individuals to a false charge of rape?! "Notoriety" ? that's a ridiculous umbrella term.
Just four years ago, the Duke men?s lacrosse team was embroiled in scandal when a woman falsely accused three Blue Devils players of having raped her at a party where she was to perform as a stripper. One year later, the charges against the players were dropped and the prosecutor in the case, Michael B. Nifong, was disbarred.
Seven of the 13 athletes Ms. Owen wrote about were ? or still are ? on the lacrosse team. This incident has angered many of those who are already sensitive to their image, according to students and alumni who know them. The lacrosse players contacted would not comment.Huh? So... those 7 guys aren't the ones who were falsely accused of rape, are they? And are the lacrosse players really so "sensitive" that it bothers them for people to know that they had actual sex with classmates?
On campus, other students had plenty to say.Who suggested the crazy punishment of revoking her degree? And since when do we punish people for talking about their sexual encounters? If she's lied about someone, maybe they have a defamation claim, but it's hard to see how a young man is hurt by the rumor that he had sex with a woman, even if she thinks he wasn't a good enough lover.
Kishan Shah, 18, a pre-med student from Carmel, Ind., said the university should not revoke Ms. Owen?s degree, but ?they should let her know that she has disgraced the school.?
Mike Lefevre, a 21-year-old senior and the president of the student body, said that people were not sure whom to be more concerned about. ?Should we be more worried about the young woman?s privacy or worry about the individuals who were named?? he said. ?It?s not so clear to us who was the victim, and who we should reach out to.?Give me a break. If you do things with people, they can talk about it. These days the talk is on the internet. Get used to it. If you don't like it, try limiting your sexual encounters to people who love and respect you. And quit whining.
Full post as published by Althouse on October 08, 2010 (boomark / email).
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