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[quote=Anonymous][quote=Anonymous]He may have been arrested, but that doesn't necessarily mean that he'll be charged with a crime, that's up to the DA's office.  Being arrested & being charged are two VERY different things (which makes the universities decision to expel even more shocking, bit I'll get to that later).

It will all depend on credibility & circumstances, since there's likely not to be any evidence (they were together the night before, so DNA would most likely be ruled out), so they're going to have to rely heavily on the credibility of the victims testimony (because the defense attorney WILL try to rip her credibility & her testimony to shreds and the DA knows this ahead of time).  Especially if it was truly a misunderstanding or a lack of judgement on his part, if there are any holes in her story, they won't embarrass themselves by pressing charges.

Certainly from the story told it doesn't sound like there was any malice on his part, or intent to do harm.

The DA may not feel like they have a strong enough case to press charges or the victim may refuse to testify (because THEN it becomes a matter of public record, the local & most likely national newspapers latch on to the story seeing that this is (as you said) a new "situation" that hasn't been discussed before).

She's going to have to really think about whether she wants to testify, because even if Jane Doe is used, people already know who she is & college students talk & will talk to the press & anyone else that will listen.  Let's just assume the story that the OP told is entirely true & nothing is being left out, I don't see any jury convicting this boy & potentially ruining his life on these basis (and if she perjurs herself, enhances the story, or lies in any way to make herself appear more credible, they could make an example out of her & she could be forced to have to pay for his attorneys fees). Then this story doesn't only follow him for life, it follows her too.

If the DA does in fact drop all charges, you should tell your friend to move to have the arrest expunged from his record (and if he's a minor, have that record sealed), because if it remains in his record regardless that he wasn't charged, it can be used against him for the rest of gooyd life (from background checks for employment, to his name being encompassed in a search for possible sexual predators in a crime).

I'm also very surprised that the university already expelled him without the boy even being charged with a crime yet!
That boy is entitled to due process & it is absurd that they would make themselves the forensics investigators, prosecutors, judge & jury without determining ALL of the facts first.

If that's the case & they did jump the gun, there very well could be a legal case against the university as well (if he's not charged with a crime).

Before anyone jumps down my throat for being insensitive to the victim, I'm basing my opinions as someone who has worked in the court & legal system for over 10 years & on this story being in fact TRUE & nothing is being left out, because that's all we have to go on.

If this story is true, nothing being left out & it truly was a misunderstanding or lack of good judgement on his part, the DA won't press charges & the boy will have gotten the scare & the life lesson of a lifetime.
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+1
I agree with everything you just said.  I don'tt see any jury convicting him from this story and the prosecutor wouldn't attempt to try him if they know that they will definitely lose.[/quote]

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