Male Student Had Drunken Sex with Female Non-Student. Her Dad Called It Rape. Expulsion Imminent. - Hit & Run : Reason.com: "The College Fix reported on the circumstances of the encounter. On March 6, 2015, Doe met Roe and her friend, "Jennifer Smith," at a party near campus. They headed back to Roe's apartment: Smith and Roe went to sleep in the bedroom, while Doe took the couch. Roe was reportedly very drunk. Soon after, Smith invited Doe into the bedroom, where they had sex while Roe was passed out.
Later, Roe woke up and initiated sexual contact with Doe. Smith noticed, and left the apartment to give them more privacy. They then engaged in sex. Both Smith and Doe believed Roe was fully conscious and capable of giving consent—she was awake, talking, and willing, according to the lawsuit. Doe left the apartment in the morning.
Afterward, Roe couldn't remember what had happened, and sent a text to Smith berating her for leaving Roe alone with Doe. Smith responded, "I'm sorry, I thought you wanted to have sex with him though.""
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