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MosheFeingold

(3,051 posts)
63. From a lawyer's perspective
Fri Apr 24, 2015, 11:38 AM
Apr 2015

The below, coupled with the lack of any physical evidence is a case-killer for the girl:

"Afterwards they exchanged friendly messages with each other, including Sulkowicz writing (two days after the incident), "I feel like we need to have some real time where we can talk about life and thingz", but a few months afterwards they began to see each other progressively less.[14][15] The accused later released transcripts of their messages to each other to journalist Cathy Young, who is known for her reporting on the topic of rape. Sulkowicz expressed concern they would be used to present her as unreliable, and stated she had sent the messages because she was upset and wanted to talk to him about the incident but decided against doing so."

Kind of reading between the lines, it looks like the guy was a user and an asshole, but not a rapist.

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Nungesser deserves prison time, not a bailout. The school should have kicked him out. Dont call me Shirley Apr 2015 #1
Why? Has his alleged victim been to the police? TexasMommaWithAHat Apr 2015 #2
WHAT???? You "think her alleged rapist has a case against the university" ... ???? MADem Apr 2015 #18
I have plenty of education on this topic, thank you TexasMommaWithAHat Apr 2015 #21
In my considered opinion, you could use much more. MADem Apr 2015 #36
Do you not consider the possibility that Nungesser is being defamed? alp227 Apr 2015 #165
No, I don't consider that a possibility here at all. MADem Apr 2015 #168
Well, the fact is that some on campus would know whom ES was referring to, alp227 Apr 2015 #171
So she should just "shut up" and "go away" because someone might think MADem Apr 2015 #184
Go to page 14 of the lawsuit alp227 Apr 2015 #197
Apparently, his lawyers specialize in this kind of thing. MADem Apr 2015 #210
Its kinda ironic that you said jamzrockz Apr 2015 #219
Yeah, and he can claim he was "stalked and harassed" by a girl with a mattress, MADem Apr 2015 #239
Did you not notice there were three accusers? nt msanthrope Apr 2015 #231
That doesn't mean Emma is credible. Nt alp227 Apr 2015 #234
I think where there is smoke.....there is usually fire. nt msanthrope Apr 2015 #236
Yeah he was following the school orders not to talk about it. TexasMommaWithAHat Apr 2015 #199
"You know what the solution to speech is? MORE speech." - If that were completely true, PoliticAverse Apr 2015 #249
You've got to name people to fall under that rubric. She didn't name anyone in her project. MADem Apr 2015 #250
A couple things that might determine if he's got a case. doxyluv13 Apr 2015 #162
It's obvious that this art project has to do with HER feelings. MADem Apr 2015 #166
The University has legal requirement to prevent harassment and discrimination based on gender. That Monk06 Apr 2015 #266
She filed a police report May 14, 2014, she says the incident occured Aug. 27, 2012. PoliticAverse Apr 2015 #107
Emma did report to the police. Plus the university also said nothing about her Mattress Protest. Dont call me Shirley Apr 2015 #122
About the other accusations TexasMommaWithAHat Apr 2015 #138
And the other woman is accusing him of attempting to kiss her, not rape. LisaL Apr 2015 #223
Actually, her story is the most believable of the three, imo. TexasMommaWithAHat Apr 2015 #225
Whetever it's belivable or not, there appears to be no other proof other than what she says either. LisaL Apr 2015 #226
Well, sh apparently didn't feel violated until she was told she was violated TexasMommaWithAHat Apr 2015 #228
deleted TexasMommaWithAHat Apr 2015 #3
How is this guy still walking around? d_legendary1 Apr 2015 #4
"How is this guy still walking around?" Easy, he hasnt been charged nor convicted in a court. cstanleytech Apr 2015 #8
His accuser is more interested in being a cause celebre TexasMommaWithAHat Apr 2015 #9
And you know this how? Arugula Latte Apr 2015 #118
Actually, I'm so glad you asked, since Emma has lied about this TexasMommaWithAHat Apr 2015 #134
Guilty until proven innocent is the new norm I guess. zeemike Apr 2015 #11
Guilty until proven innocent has always been the norm. Beauregard Apr 2015 #12
Cops are not the judgement of innocence and guilt zeemike Apr 2015 #13
But they presume guilt. And so do the courts. candelista Apr 2015 #15
The courts don't presume guilt. They lock people up because they can't make bail d_legendary1 Apr 2015 #16
Haha! But why is there bail if you are innocent? candelista Apr 2015 #17
Let's see: I learned that bail was required TexasMommaWithAHat Apr 2015 #23
But why are you put in jail in the first place if you are presumed innocent? candelista Apr 2015 #27
Tell that to the cops if you get assaulted and robbed... snooper2 Apr 2015 #109
I don't think you get the point. candelista Apr 2015 #110
You're clearly mis-representing the point. (or just trolling) blueridge3210 Apr 2015 #121
If you bothered to read the link d_legendary1 Apr 2015 #106
You really don't get it, do you? candelista Apr 2015 #113
I'll put it in terms that you can understand d_legendary1 Apr 2015 #192
Well that is true and I know it. zeemike Apr 2015 #22
Good point about the two tiers. candelista Apr 2015 #24
Schools should not be allowed to have "fake court" for "campus offenses." MADem Apr 2015 #37
This particular woman didn't contact police until quite some time later. LisaL Apr 2015 #47
That's not uncommon. Anyone who knows anything about MADem Apr 2015 #49
What's the evidence there was a crime? LisaL Apr 2015 #51
You don't consider testimony as evidence? I guess we need to let Aaron Hernandez go, then! MADem Apr 2015 #53
Whose testimony? LisaL Apr 2015 #56
Her testimony, the testimony of the woman he groped, and the testimony of the ex-girlfriend. MADem Apr 2015 #58
He wasn't charged in connection to any of these accusations. LisaL Apr 2015 #69
Well, A new group of women have come forward to share their experiences with Bill Cosby. MADem Apr 2015 #93
You asked about testimony and the answer is no, its not evidence. cstanleytech Apr 2015 #73
Well -- the whole testimony schtick was in response to the "evidence" gripe--and there was neither, MADem Apr 2015 #77
"This woman has a right to her art project" Seeking Serenity Apr 2015 #87
And what would be the basis for refusing this project? Come on--explain it. MADem Apr 2015 #92
Contributing to a hostile environment against an innocent man. Seeking Serenity Apr 2015 #96
Bzzz. Fail. No man--innocent or otherwise--was named. MADem Apr 2015 #98
I choose don't Seeking Serenity Apr 2015 #102
A Few Million Risks Sparhawk60 Apr 2015 #272
I'll bet the university has excellent insurance, and they're not cowed by attempts to censor their MADem Apr 2015 #273
Since the art project involved an ultimatum TexasMommaWithAHat Apr 2015 #104
But they didn't "shoot down that art project" did they? MADem Apr 2015 #111
No, they didn't, but in the not too distant future TexasMommaWithAHat Apr 2015 #116
Well, they're running out of time if they're going to do that. MADem Apr 2015 #123
For Starters, RobinA Apr 2015 #269
And since you are not her thesis advisor, your basis and a couple of bucks are worth a cuppa coffee. MADem Apr 2015 #270
The McMartin case is a perfect example of the problems inherent on cstanleytech Apr 2015 #183
It has nothing to do with this situation, though. MADem Apr 2015 #186
It's relevant to the question about testimony and if its evidence. nt cstanleytech Apr 2015 #188
There was no actual "testimony" nor was there actual "evidence" in this situation, though. nt MADem Apr 2015 #190
I never said there was, I was responding to the question over testimony that cstanleytech Apr 2015 #193
Pretty sure Snow Leopard Apr 2015 #275
Pretty sure MADem Apr 2015 #276
I agree but real courts and real police... doxyluv13 Apr 2015 #173
If you read the police report, had she been educated to go straight to the ER, MADem Apr 2015 #189
Police report filed when, in 2012? doxyluv13 Apr 2015 #196
She didn't go to the police straight away, and that was a fatal error on her part. MADem Apr 2015 #214
She didn't go to the University right away either. LisaL Apr 2015 #216
When she made the decision to report, that's what she did. MADem Apr 2015 #253
She needed to be "educated" phil89 Apr 2015 #217
Yes. If you've seen universities' guidance on these matters, you will discover that they have MADem Apr 2015 #244
She didn't inform the University until months later. LisaL Apr 2015 #247
If she'd been told what to do at Freshman Orientation, perhaps things would have gone differently. MADem Apr 2015 #251
PTSD seems to be a convinient sort of way to explain any sort of behavior. LisaL Apr 2015 #258
It is clear you are out of your depth on this topic. MADem Apr 2015 #259
Title IX requires the "fake court" because it can use a lower standard of evidence Recursion Apr 2015 #278
I don't like it because the university holding the fake court is NOT a disinterested party. MADem Apr 2015 #280
she took it to the police; they declined to pursue it. magical thyme Apr 2015 #38
Note that this continuing situation has its own Wikipedia page... PoliticAverse Apr 2015 #5
Well, it's a brilliant, but burdensome, way of making her point. candelista Apr 2015 #28
From a lawyer's perspective MosheFeingold Apr 2015 #63
There is no "case" and there hasn't been for some time. All there is, is an art project. MADem Apr 2015 #95
Assumed guilty until proven guilty by a performance art piece is not how the legal system works. Kurska Apr 2015 #6
I hope he wins millions TexasMommaWithAHat Apr 2015 #14
Exactly, Universities are not courts of law Kurska Apr 2015 #19
Then you'll have to change Title IX. Universities do this because they are legally required to Recursion Apr 2015 #279
He won't win a dime. He has a history of violence. MADem Apr 2015 #20
Those other two accusations came with collusion with the first person. Kurska Apr 2015 #25
"Collusion?" Please. And you know this, HOW? MADem Apr 2015 #32
You have no way of knowing whether he will get a dime or not. LisaL Apr 2015 #39
I'd bet a dime he won't, how's that? nt MADem Apr 2015 #50
Um cause it say exactly that in an article about this. Kurska Apr 2015 #41
Yeah--that word came out of HIS mouth. And? MADem Apr 2015 #52
What kind of PM did you think I was gonna send lol Kurska Apr 2015 #55
What I think is important is the First Amendment. MADem Apr 2015 #57
It does have a duty to protect students from on their campus. Kurska Apr 2015 #60
Protect students from .... WHAT? MADem Apr 2015 #64
He's from Germany. How many people do you think he knew? TexasMommaWithAHat Apr 2015 #100
What does "He's from Germany" have to do with anything? MADem Apr 2015 #108
Well, I think you believe her simply because she is a woman TexasMommaWithAHat Apr 2015 #141
Wow, I hope a woman is never in the position that she trusts you enough to tell you about her rape. KitSileya Apr 2015 #142
Maybe because I live with a child with PTSD TexasMommaWithAHat Apr 2015 #149
I'm still with the wow, really. KitSileya Apr 2015 #153
You know you are twisting my words TexasMommaWithAHat Apr 2015 #158
Agree with you LeftOfWest Apr 2015 #274
Oh, please. MADem Apr 2015 #150
Believe me, I've already sent daughters to live on TexasMommaWithAHat Apr 2015 #155
Rape has nothing to do with being "mature and confident young women." MADem Apr 2015 #170
Actually, I trusted my daughters to lower their risk of getting raped TexasMommaWithAHat Apr 2015 #174
You can teach them all those things and it still won't prevent rape. MADem Apr 2015 #179
And most women on college campuses are raped by...whom? TexasMommaWithAHat Apr 2015 #182
You need to read the material I have offered you in the many links MADem Apr 2015 #194
According to the DoJ, 6 out of every 1000 female college students are raped or sexually assaulted KitSileya Apr 2015 #178
All I can do is continue to provide educational links, I guess! nt MADem Apr 2015 #181
But we're not talking about global warming TexasMommaWithAHat Apr 2015 #208
Yeah, whatever. Here's some more light reading for you. MADem Apr 2015 #215
They need to investigate a little more into the TexasMommaWithAHat Apr 2015 #224
I'll bet that the uni will call all three women and the man he assaulted if this goes to trial. MADem Apr 2015 #237
Yeah, that's EXACTLY what I said. TexasMommaWithAHat Apr 2015 #187
For a sum less than it would cost Columbia in legal fees to defend itself? n/t PoliticAverse Apr 2015 #248
Its the New McCarthyism TexasMommaWithAHat Apr 2015 #35
Please. False rape reports are extremely rare. MADem Apr 2015 #40
Jackie has been telling her story for quite sometime, and LisaL Apr 2015 #43
How does carrying a mattress for two years prove anything about this guy's guilt? Kurska Apr 2015 #44
Jackie's supposed rape was supposed to have taken place in 2012. LisaL Apr 2015 #46
It hit the newspapers one week, and a few weeks later it crashed and burned. MADem Apr 2015 #74
She's not using his name. She's talking about HER circumstances. MADem Apr 2015 #71
Seriously "butthurt"? Do you even understand what the word means? Kurska Apr 2015 #75
It doesn't mean what you're trying to insinuate it means. MADem Apr 2015 #82
My understand is different as to the meaning Kurska Apr 2015 #128
No, I think the PG version IS what the word means. I don't have a mind that goes to rape imagery MADem Apr 2015 #144
No I'm sorry there is plenty of support for my meaning Kurska Apr 2015 #147
Well, seven DUers disagreed with you, so you'll just have to get over it. MADem Apr 2015 #160
DU decides what is acceptable on DU, it has always been this way Kurska Apr 2015 #172
I realize you didn't write it--you quoted it, though ...."authoritatively." MADem Apr 2015 #213
0-7 Action_Patrol Apr 2015 #83
WOW--lookie there--someone was trying to CENSOR ME for defending a woman who was talking about her MADem Apr 2015 #86
Actually, I'm in the crowd that does believe TexasMommaWithAHat Apr 2015 #45
OK. You said it, and now we know. You're the one talking about numbers, not me. MADem Apr 2015 #54
Nice victim blaming Seeking Serenity Apr 2015 #59
Uh, the victim is the one carrying around the mattress. She didn't rape anyone. MADem Apr 2015 #61
Being accused doesn't make him guilty. LisaL Apr 2015 #62
Well, guess what. "He" is not accused. The victim doesn't use "his" name. MADem Apr 2015 #68
How did she not use his name? LisaL Apr 2015 #70
She's not using his name in her art project. nt MADem Apr 2015 #84
victim? or alleged victim? Trajano Apr 2015 #80
The person I was talking with (not you, btw) didn't use the "alleged" handle, MADem Apr 2015 #88
If you were accused of a crime you didn't do, you would stay silent? n/t OnlinePoker Apr 2015 #112
I notice he's not countersuing her--he's engaging in a bit of a media game, but were he serious, MADem Apr 2015 #125
Part of the adjudication process at Columbia is agreeing not to talk TexasMommaWithAHat Apr 2015 #209
She didn't name names, so what's his beef? nt MADem Apr 2015 #252
You mean she didn' write in red marker TexasMommaWithAHat Apr 2015 #261
You might think you're clever with that snark, but all you're doing is letting everyone know MADem Apr 2015 #262
LOL Yeah, definitely the new McCarthyism TexasMommaWithAHat Apr 2015 #81
So--let me get this clear. You're comparing "picking new friends" to "sexual assault?" MADem Apr 2015 #90
You seem to be weirdly unconcerned about women who are raped. Arugula Latte Apr 2015 #120
Wrong, but you might say that I am weirdly interested in "this" particular case TexasMommaWithAHat Apr 2015 #136
You've got a very twisted sense of injustice. Arugula Latte Apr 2015 #119
+1. I am appalled at the dismissive attitude towards this topic. MADem Apr 2015 #133
Nothing was ever proven. LisaL Apr 2015 #26
He wasn't named by the university. What's his gripe, precisely? That the school refused to censor MADem Apr 2015 #29
"the raping pig?" never convicted or even charged of anything, yet you say this. Kurska Apr 2015 #30
OK Judge Judy--the "accused raping pig." Happy now? nt MADem Apr 2015 #33
Hilarious how you're saying there is no harassment of this man, yet you're calling him a raping pig. Kurska Apr 2015 #42
This is a discussion board, and I'm discussing. MADem Apr 2015 #99
Saying no one is harassing him and using highly insulting language is ironic. Kurska Apr 2015 #131
What "highly insulting language?" Be specific--if you're going to make accusations, don't allude, MADem Apr 2015 #137
Rapist pig and Butthurt, do you really think these aren't highly insulting words? Kurska Apr 2015 #145
Are you the gentleman in question? If not, you need to understand something. MADem Apr 2015 #176
You should say "accused and cleared" rapist pig Trajano Apr 2015 #78
He wasn't "cleared" of anything--the only "trial" has been in the court of public opinion. MADem Apr 2015 #79
He was cleared Trajano Apr 2015 #85
Not cleared in a court of law. MADem Apr 2015 #97
He wasn't even charged with anything. LisaL Apr 2015 #101
That's right. He wasn't charged with anything. MADem Apr 2015 #127
Nobody said he was cleared in court Trajano Apr 2015 #206
Since the school doesn't discuss misconduct boards, we only have his word and that of his friend who MADem Apr 2015 #254
His gripe is expressed in his lawsuit. LisaL Apr 2015 #31
By his reputation we shall know him.... nt MADem Apr 2015 #34
that's a cute phrase, but its not law Trajano Apr 2015 #76
That would be literature. Try it sometime. LanternWaste Apr 2015 #94
"Law" was never involved in this matter. MADem Apr 2015 #129
This attorney seconds your common sense approach. hifiguy Apr 2015 #148
Thank you. :) TexasMommaWithAHat Apr 2015 #167
Video interview with Emma Sulkowicz... PoliticAverse Apr 2015 #7
She didn't name him, a panel cleared him, but society shamed him... DetlefK Apr 2015 #10
I think he is innocent, but so is the college Trajano Apr 2015 #72
This lawsuit has no merit Novara Apr 2015 #48
Columbia University is a private (not government run) institution and has greater leeway PoliticAverse Apr 2015 #66
Both public and private universities can often shut down free speech on most of the campus. NCTraveler Apr 2015 #91
Wow. Calling him a "rapist"? alp227 Apr 2015 #177
Slander and libel are not protected speech under the first amendment. But he's not suing her for Monk06 Apr 2015 #265
He is legally innocent bluestateguy Apr 2015 #65
is there a transcript of the lawsuit? Trajano Apr 2015 #67
You can find a copy of the complaint he filed here... PoliticAverse Apr 2015 #89
thanks nt Trajano Apr 2015 #114
Her "thesis" was a failure. I would have given it a C. Maybe a B minus for creativity and effort. McCamy Taylor Apr 2015 #103
Based on the publicity it has garnered I don't think it can be deemed a failure. n/t PoliticAverse Apr 2015 #105
Kindly answer this question for me, please TexasMommaWithAHat Apr 2015 #115
Daily Beast story about carry that weight case doxyluv13 Apr 2015 #117
Just shocking, the amount of rapist defenders. Dont call me Shirley Apr 2015 #124
There is no rapist in this story, according to the university and law enforcement Seeking Serenity Apr 2015 #126
And that's exactly how rapist continue to get away with their crime. Dont call me Shirley Apr 2015 #130
Except there was no crime committed in this case. Seeking Serenity Apr 2015 #132
You do not know that is Truth. And that is Truth. Dont call me Shirley Apr 2015 #135
Except that the greater weight of evidence suggests there was no crime or a rapist Seeking Serenity Apr 2015 #139
Just as you and all the others are stating there is no evidence, so there is no "weight of evidence" Dont call me Shirley Apr 2015 #146
Serenity will be achieved by embracing Truth Seeking Serenity Apr 2015 #151
Here's a little help with the Truth Dont call me Shirley Apr 2015 #154
No argument with thsoe stats Gore1FL Apr 2015 #163
It's funny how one can be aware of statistics, and still not believe a particular accuser. TexasMommaWithAHat Apr 2015 #169
No. Not defending a rapist. Defending the legal system. n/t Gore1FL Apr 2015 #202
Oh, I wish I could recommend your post! TexasMommaWithAHat Apr 2015 #180
You have not walked in the world as a person who has been raped. To belittle victims of rape is Dont call me Shirley Apr 2015 #233
Due process is a very important part of our legal system n/t Gore1FL Apr 2015 #161
Gee, Gore never got due process, did he? Dont call me Shirley Apr 2015 #164
What would be the "due process" for her? LisaL Apr 2015 #175
A Rape Myth... Dont call me Shirley Apr 2015 #191
She says he tried to strange her TexasMommaWithAHat Apr 2015 #195
Reread the Rape Myth...rape victims do go back to their rapists, whether they know them or not. Dont call me Shirley Apr 2015 #198
How do these women go back to their rapists if they don't know them? LisaL Apr 2015 #200
Rape is an even more bizarre idea. Dont call me Shirley Apr 2015 #203
And it should be punished in all case for which there is ample evidence to convict. Gore1FL Apr 2015 #204
That would be rosy, if victims weren't treated like sluts when they report their sexual assaults. Dont call me Shirley Apr 2015 #207
OK, What is your solution besides automatic conviction of the accused? Gore1FL Apr 2015 #212
First of all a separate division of reporting a rape must be created, even apart from the PD, maybe Dont call me Shirley Apr 2015 #221
I agree with the vast majority of that. n/t Gore1FL Apr 2015 #243
Note that the New York County District Attorney has a specific unit devoted to sex-crimes... PoliticAverse Apr 2015 #260
"Forget it, s/he's on a roll." n/t PoliticAverse Apr 2015 #256
Due to lack of evidence there wasn't a case. Gore1FL Apr 2015 #201
We do. In the case of rape so few are prosecuted that the legal system works like a "get out of Dont call me Shirley Apr 2015 #205
Sending presumed innocent people to jail isn;t the solution, however. n/t Gore1FL Apr 2015 #211
Forcing rape victims to live in an emotional prison for the eternity of their lives is not a Dont call me Shirley Apr 2015 #218
But then again jamzrockz Apr 2015 #220
The cops ridiculed and degraded her when she tried to report. See post 122, watch the video. Dont call me Shirley Apr 2015 #222
I saw post 122 Trajano Apr 2015 #229
And you ridicule. Dont call me Shirley Apr 2015 #230
One woman accused him of rape. TexasMommaWithAHat Apr 2015 #227
You should present this iron-clad evidence to the police. n/t Gore1FL Apr 2015 #241
Thanks, Your Honor nt Trajano Apr 2015 #246
Her objection was to the way the university handled her case Novara Apr 2015 #152
What exactly should or could they have investigated? LisaL Apr 2015 #185
To them, an allegation is a verdict Trajano Apr 2015 #156
Don't read an Assange or Polanski thread on this site. You'd puke. nt msanthrope Apr 2015 #232
I'm going to avoid all these rape threads from now on. Dont call me Shirley Apr 2015 #235
How do you know Assange is a rapist? nt Trajano Apr 2015 #238
The same way I know OJ is a murderer. Innocent people don't flee and victim blame. msanthrope Apr 2015 #240
by "the same way" do you mean Assange's DNA being found in blood? Trajano Apr 2015 #245
Wow, so many defending someone who sues the university for money but not the victim for slander.... KitSileya Apr 2015 #140
The court document is very telling. TexasMommaWithAHat Apr 2015 #143
Yeah, did you see what she asked Paul to do to her on page 5? Trajano Apr 2015 #157
Yeah, you can read it in her very own words. TexasMommaWithAHat Apr 2015 #159
This thread will exceed 400. AngryAmish Apr 2015 #242
This is possibly the most successful performance art project in history alcibiades_mystery Apr 2015 #255
I would sue them too. PeteSelman Apr 2015 #257
"Columbia University student at center of alleged rape calls lawsuit 'ridiculous'" PoliticAverse Apr 2015 #263
Proof doesn't matter to a lynch mob. obliviously Apr 2015 #264
Some activists are still mad that they weren't able to railroad the Duke lacrosse players bluestateguy Apr 2015 #267
kick nt borondongo Apr 2015 #268
Message auto-removed Name removed Apr 2015 #271
This message was self-deleted by its author freshwest Apr 2015 #277
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