If we accept that as a legitimate argument, then any sexual encounter is a rape, dependng on whether or not one or the other person changes their mind after the fact (even if it is over a year after the fact).

What rape scenario would explain the victim leaving uninjured, returning hours later to spend the night, then waiting 15 months to make a complaint?

Even in cases of acquaintance rape, the victim doesn’t return to the scene of the rape to spend the night sleeping with her rapist and then wait 15 months to file a report. This isn’t a case of a child being raped by a legal guardian, where she is required to stay in the home where she was attacked. This is a woman…

The facts stated by the lawyer in the report are the facts found by the non-partial fact finder. They are not in dispute. The alleged non-consensual sex took place 15 months prior to the report, and she returned to his room after it took place and spent the night in his bed. The fact is that he says it was consensual,…

The impartial fact finder did not find it was sufficient to expell him, as that’s not the fact finder’s job. The fact finder found that they had intercourse on several occassions, and she returned to his room and spent the night in his bed just hours after the supposedly non-consensual act took place 15 months prior.…

What evidence could they have heard to warrant an expulsion, when the report was made a year after the fact, after they had sex 3 times consensually, and she returned to his room after the alleged rape took place to spend the night in his bed?

In this case, the person claiming to have been raped had already had sex with him 3 times, is claiming that after having non-consensual sex the 4th time, returned to his room an hour later to spend the night in his bed, and then waited a year to claim it was a rape. The Duke case was actually more credible on its…