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Mutual Sexual Assault Allegations in Misconduct Cases

Posted by Joseph D. Lento | Mar 09, 2022 | 0 Comments

One-Way Allegations. Sexual assault allegations, whether at college or university or in other settings, typically involve an alleged perpetrator and victim. The victim may allege force, threat, unconsciousness, or inebriation, enabling the perpetrator to overcome the victim's refusal to consent. Even in those clear perpetrator/victim cases, though, the facts are often in sharp dispute. And consent is commonly the big factual issue. Did the putative victim agree to the intimate encounter, or did the alleged perpetrator force the acts? With which side the college or university finally agrees makes all the difference in the outcome. Dismissal from the program is usually sure for the student found to have perpetrated a sexual assault.

Two-Way Disputes. Yet some college sexual misconduct cases can involve mutual accusations of sexual assault. Instead of one student claiming to be the victim while accusing the other, both students claim to be the victim, accusing each other of perpetrating an assault. The case of Doe v Dartmouth College provides an example. In that case, two male medical students, college roommates at the time, accused one another of sexual assault in the same disputed encounter. The disputed allegations include that the two students had returned to their apartment after a night of drinking, when one or the other performed certain sexual acts or made certain sexual contacts while the other was either awake or asleep. The college found in favor of one student, expelling the other student. The losing student sued the college, alleging Title IX violations and breach of contract in the cited complaint.

Raising the Stakes. College misconduct cases involving mutual accusations of sexual assault certainly raise the stakes. In those cases, both students, not just one student, face the prospect of dismissal or other serious sanction. And in those cases, the college or university also faces greater legal risks no matter which side it lands on. When both allege a sexual assault, one side or the other is likely to suffer expulsion, unless the school somehow finds that no misconduct at all occurred in the hotly disputed encounter. Students involved in sexual misconduct cases involving mutual accusations had better appreciate and address those serious risks. The student who takes the accusations too lightly is likely to be the student who doesn't get to return to the school. Everything having to do with the student's education is plainly at great risk.

Retain a Skilled College Misconduct Defense Attorney. If you face false, unfair, unsupported, or exaggerated sexual misconduct charges, retain the preeminent college misconduct defense attorney Joseph D. Lento and the premier Lento Law Firm for your aggressive and effective defense. Sexual misconduct allegations put your entire education at serious risk. Your single best action is to retain a preeminent college misconduct defense attorney, not a local criminal attorney who lacks experience in Title IX administrative matters. Call 888.585.3686 or go online now before it's too late.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address any school-related issue or concern anywhere in the United States.

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