Consent Issues in Columbia Campus Sex Crimes Cases

Consent is a very embattled, controversial term because some people would argue that one person’s determination of consent is much different than another person’s determination. The accuser often sets the standard in these cases by saying that they did not consent, whether that means verbally saying “no” to sexual contact or by expressing certain body language.

In the accused person’s defense, an attorney can argue the reasons why the accused believed the act was consensual. Ultimately, consent will be handled in different ways for a student conduct matter than for a criminal case.

If it is a criminal matter, the judge or jury will determine consent. If it is a student conduct matter, the hearing officer at the Office of Student Conduct and Academic Integrity will initially do so. If the accused requests a hearing before the Carolina Judicial Council, that panel gets to decide whether the sexual act was consensual. This is a critical decision because of the significance that these cases can have on a person’s future.

Those who have been accused of a sex crime offense on campus should reach out to a diligent defense attorney immediately. A skilled campus sexual misconduct attorney could help you understand consent issues in Columbia campus sex crimes cases.

Differences Between the Way Courts Treat Consent, and the Way Colleges and Universities Treat Consent

In the criminal context, specific legal definitions are defined by the General Assembly in the South Carolina Code of Laws. In a college matter, the school has its own code of conduct. The college or university must also comply with Title IX law as well.

The panels for college cases are comprised of students as well as faculty or staff members. This is not the same as someone trained legally like a judge who has been to law school and has dealt with many criminal cases over the years. A judge has studied the law, whereas students in a college hearing might bring in their own prejudices and biases.

The most frequent difficulty that arises in consent cases is impairment due to drugs or alcohol. A person’s memory may be affected by taking drugs or drinking alcohol, leaving them with blurry or incomplete memories. They may have vague or misleading text messages, social media posts, or direct messages that confuse them.

This means that cases can come down to, “he said, she said,” which is a reason to hire a skilled attorney.

Vague or Misleading Language

Certain text messages can be vague and misleading, with one party taking the message as an implicit consent to initiate sexual contact.

This can be an issue that is battled in front of the jury, judge, hearing officer, or panel when determining whether consent was given. That is why obtaining text messages and obtaining social media posts is so critical when defending the accused. This evidence helps paint the entire picture of the situation.

Affirmative Consent in Campus Sex Crimes Cases

Affirmative consent is another controversial issue in Columbia sex crimes cases. There is no clear affirmative consent law for criminal cases. Instead, the issue comes down to whether the police believe there is enough probable cause that a crime has been committed.

Lewd conduct, criminal sexual conduct, and varying degrees of these charges are all possible in a case involving alleged sexual contact without consent.

How a Campus Sexual Misconduct Attorney Could Help

An attorney will conduct a full and complete independent investigation, it often means hiring an expert to help for digital forensics, text messages, social media, and any posts or direct messages that have been provided on Facebook, Instagram, Snapchat, Twitter, or other social media platforms. It is important to find anything that shows a previous sexual relationship or discussion of and anticipation of a sexual encounter in prior communications.

Hiring a lawyer who is experienced and knows how to conduct that independent investigation can be critical to winning the case. An accused student needs to connect with a skilled lawyer who can bring in the right private investigator or expert witness to build their defense. Call today to learn more about consent issues in Columbia campus sex crimes cases.